HomeMy WebLinkAboutStudy Session Agenda Packet 05-05-14STUDY SESSION AGENDA
CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 W. 29th Ave.
Wheat Ridge CO
May 5. 2014
6:30p.m.
Individuals with disabilities are encouraged to participate in all public meetings sponsored by the
City of Wheat Ridge. Call Heather Geyer, Administrative Services Director at 303-235-2826 at
least one week in advance of a meeting if you are interested in participating and need inclusion
assistance.
PUBLIC COMMENT ON AGENDA ITEMS
APPROVAL OF AGENDA
.L Dwarf Goats Zoning Amendment
2. Business Development Zone -De Mott
~ Xcel Banner Pole Agreement
4 . Height and Density Charter Restrictions
5. Staff Report(s)
6 . Elected Officials' Report(s)
ADJOURNMENT
~~A~
... ., City of
... ~Wheat&__dge ~OMMUNITY DEVELOPMENT
:c;+cnt J
Memorandum
TO: Mayor and City Council
Patrick Goff, City Manager ~ THROUGH:
FROM: Kenneth Johnstone, Community Development Director
DATE: April25 , 2014 (for May 5, 2014 City Council Study Session)
SUBJECT: Zoning Regulations pertaining to Dwarf Goats
ISSUE:
Some homeowners in the City have recently raised questions about the permissibility of dwarf
goats on residential properties in the City . The City's large animal regulations currently regulate
full size goats ; but no distinction is made for dwarf goats , which are considerably smaller.
A property owner located at 3495 Ames Street in eastern Wheat Ridge has expressed an interest
in keeping dwarf goats on her property. Dwarf goats are not specifically referenced in any
section of the Municipal Code. Based on limited research (refer to attached handout), it appears
dwarf goats are generally between 40 and 60 pounds , so substantially smaller than a regular goat
which average approximately 150 pounds. They have become increasing popular to have at one 's
home, both as pets and as sources of dairy and dairy related products.
The City's zoning administrator has determined , based on the above described code sections that
dwarf goats are most similar to goats and therefore subject to the City's large animal regulations .
The property in question is not of sufficient size to meet the threshold of 9 ,000 square foot of
open lot area . This determination has caused the property owner to request the City to consider
code amendments to allow the keeping of dwarf goats in more circumstances than currently
allowed under our large animal regulations.
At the recommendation of the City's Animal Welfare and Control Commission (AWCC) at their
March 18 , 2014 meeting, staff has prepared this memo and analysis for consideration. The intent
of any code amendment would be to allow more opportunities to keep dwarf goats on residential
properties through more permissive zoning regulations. Amendments to Chapter 26 (Zoning and
Development) require review and approval by the Planning Commission and City Council as
ordinances and are subject to public hearings.
BACKGROUND:
The City's zoning code (Chapter 26 of the Municipal Code) regulates the keeping of animals in
re sidential areas in three principle code sections: 1) 26-204, Household Pets ; 2) 26-605 , Large
Animals ; and 3) 26-606 , Small Animals and Poultry.
Zoning Regulations RE: Dwarf Goats
May 5, 2015
Page2
26-204. Permitted and accessory uses. Household pets are permitted and limited to no more than
3 dogs and 4 cats. No other detailed regulations.
26-605. Large animals. Large animals are described as horses , cows, llamas, sheep , goats and
similar animals. They are allowed on residentially zoned lots , with certain minimum lot open
area requirements, fencing standards, waste control measures and building setbacks . The keeping
oflarge animals is generally not allowed in the front yard of a residential property.
Large animals are regulated based on size, such that one horse is the control measure, refeiTed to
as a "horse equivalent unit." Smaller large animals are defined based on how many horse
equivalent units (HEU) they equate to: 2 llamas equals I HEU, 4 alpacas equals l HEU, 4 sheep
equals 1 HEU and 4 goats equals 1 HEU.
A property must have a minimum "open Jot area" of9,000 square feet for the first HEU and
6 ,000 square feet for each additional HEU. "Open lot area" excludes portions of a lot covered by
structures , carports and patios. Under these regulations , in order to keep goats , a property would
need to have a minimum of9,000 square feet of open lot area , which would allow for 4 goats .
The 9 ,000 square foot standard is a minimum threshold and is not divisible for a scenario where
one were to proposed something less than a full HEU . Stated another way a property would not
be allowed to have two goats with only 4 ,500 square feet of minimum open lot area .
26-606. Small animals and poultry. The private keeping of small animals , such as rabbits and
chinchillas, or poultry, such as chickens , ducks, geese, pheasants or pigeons is allowed , with no
specific restriction on the number of animals , subject to various perfonnance requirements.
There is no minimum lot size standard or threshold.
Poultry houses and pigeon coups shall not exceed 400 square feet of floor area nor 12 feet in
height. Hutches shall not exceed 1 00 square feet and a maximum of two floors. All structures
housing animals shall be located outside of the front yard , set back 15 feet from side and rear
property lines and not closer than 30 feet from a primary structure on an adjacent property.
Animal waste must be controlled so as not to become a nuisance.
OPTIONS:
Option 1. Create a new code section that pertains specifically to these "medium sized "
animals
Option 2. Amend the large animal section of the code to develop a new HEU for dwarf
goats and amend the minimum 9 ,000 square foot threshold for open lot area
Option 3. Amend the small animals and poultry code section to include dwarf goats
Within each general option, there would be various substantive matters that could be addressed
specific to dwarf goats and possibly other classes of similar animals , to the extent those exist.
RECOMMENDATIONS:
In 2011 , at the direction of City Council , the City reviewed and updated its regulations as they
pertain to various types of urban agriculture types of activities. The general intent of the code
2
Zoning Regulations RE: Dwarf Goats
May 5, 2015
Page 3
amendments that were approved by City Council was to be fairly permissive in regards to
allowing and perhaps even encouraging urban farming types of activities. In keeping with that
policy direction, it seems appropriate that we consider these changes to make more
accommodations for the keeping of dwarf goats in residential areas of the City.
Based on our review of the three options , staffbelieves Option 3, amending the small animal
regulations , makes the most sense. Creating a new section of code (Option 1) seems to be
cumbersome and excessive. We believe the large animal section of the code is generally working
well , so amending that section does not seem appropriate. The existing small animals and poultry
regulations seem to be best aligned with the types of regulations and restrictions that would
apply to the keeping of dwarf goats.
The issue was presented to the A WCC at their April 15 meeting. Staff recommended to the
A WCC the possibility of implementing Option 3, with the following additional
recommendations.
• For smaller lots (those having less than 9,000 square feet of open lot area), limit the
maximum number of dwarf goats to not more than three , plus their un-weaned offspring.
This is in line with the limitation on maximum number of dogs already in place and given
their similarity in si ze that number seems logical to staff.
• Based on both odor and the size of the animal , not allow un-neutered male goats
(wethers).
• Restrict the location of any structures providing shelter or sleeping quarters to the same
15 /30-foot restrictions that apply to other small animal and poultry structures.
• For larger lots that can meet the 9 ,000 square-foot threshold allowing for large animals ,
create a HEU for dwarf goats. We are suggesting six to eight dwarf goats equate to one
HEU.
The A WCC generally agreed with these recommendations and provided the following
recommendation for City Council's consideration:
• No minimum acreage be required (such as the 9,000 square feet of open space for larger
animals)
• Each goat must have 130 square feet of permeable area on the property
• Nor more than three dwarf goats on a single property
• No unneutered males allowed
• Adequate fencing and shelter must be provided
• No setbacks would be required for the corral area
• Shelters must meet the setbacks for the underlying zone district
• A definition for "dwarf goat" be included
Staff looks forward to additional discussion and input at the May 5 Study Session and requests
direction on whether to proceed with a zoning code amendment, and if so , under what general
terms. The zoning code amendment would also require consideration by the Planning
Commission.
3
Zoning Regulations RE : Dwarf Goats
May 5, 2015
Page 4
ATTACHMENTS:
1 . Dwarf Goat Tutorial
2. Applicable section of Chapter 26 of the Code
4
Dwarf Dairy Goats
in Wheat Ridge
Prepared by Sundari Kraft
Author, "The Complete Idiot's Guide to Urban Homesteading"
Founrung Co-Chair, Denver Sustainable Food Policy Council
Founder and Owner, Heirloom Garoens LLC
Founder and Organizer, Sustainable Food Denver
Backyard Goat Keeping Instructor, Denver Botanic Gardens
www.eatwhereUlive.com
info@ea.twhereUiive.com
This is a draft proposal
Qttestions and "')Nests for mlditional ifljof111alion a~ ».~tlt:ome.
info@eatmhmUiive.rom
Summary of the Proposal
Urban homesteaders across the country a ,re raising b ackyard dwarf dairy goats in growing numbers.
Small in size (milking does weigh 50-60 pounds) and easy to mru1age, d warf goats can be a source of
healthy and affordable milk for families . Wheat Ridge should add dwarf goats to the list of "Small
Animals and PouJtry" that al'e currendy allowed i.n the city, with reasonable guidelines regarding the
size and placement of the animals' structure.
Current Laws
Wheat Ridge currendy requires 9,000sf o f open s p aoe in order to have a horse, and 4 full -size goats
are the equivalent of a horse. The rules do not make any distinction between a d warf goat (50-60
pounds) and a full -size goat (t 50 pounds). lo addition, a resident who only wants to keep 2 goats is
not aUowed to "split the horse" (so to speak) and llave 2 goats with only 4,500sf of open space.
9,000sf of open space is not a reasonab'le requ.U.<ement for an urban homesteader, nor is it a
necessary amount of space in order to safe:ly raise dwarf goats.
The category of "Small Animals and Poultry" currendy indudes things like farm birds (duck, goose,
swan, and poultry) and domestic ra bbits. P mrl ,b:y h ouses or chicken coops must be smaller than
400sf and shorter than 12 {eet tall. The structu11e cannot be kept in dte front yard, and must be at
least 15 feet away from the p roperty lines and more than 30 feet from a residence or main structure
on an adjacent property.
About Dwarf Goats
The term "dwarf goats" can be applied to two d i stinoti ve breeds of goats: Nigerian Dwarf and
African Pygmy.
Nigerian Dwarf goats are most 'commonly caised as dairy goats. They are 17-19 inches tall (m easured
at the shoulder). Adult females weigh around 50 -'60 pounds, and adult males weigh around 75
pounds. These goats are approximately as b ig as a mediwn-size dog. A Nigerian Dwarf d oe can
produce about a quart of milk per day. Ma:les that ace castrated (called "wethers'') are often kept as
pet s. Tit ese goats eat primarily hay, although they a liso ,enjoy vegetarian food scraps, weeds, and most
garden waste. Goat droppings can be safely added (IO gardens or compost piles. Nigerian Dwarf
goats can be easily transport:ed in the back of a car, and they enjoy hiking in the m ountains on a
leash.
African Pygmy goats are similar 'to Nigerian Dw~rfgoats in many ways, although they are typically
not milked and kept onl y as pets. They are smaUer in size --just 15-17 inches high at the shouJd er
and weighing 40-50 pounds.
Both Nigerian Dwarf and African Pygmy goats ace d i stinctly different in size rompa.red to ful l -size
goats, wruch generally weigh around 150 poun ds .
Benefi,ts of Dwarf Dairy Goats
• Economic: Dwarf goats can provide affordable, healthy milk for families . Goat milk can be
used to make cheeses (bod1 soft and bard), yogurt, and ice cream. Although raising goats
,requires a smaH initial investment, ovec the long teem goats can save a family money on dairy
products (especially when comparing "apples to apples" in terms of organic, grass-fed milk,
cheese, yogurt, and ice cream).
• Healili: Dairy produced by animals raised on grass (hay) is higher in conjugated linoleic acid,
b eta -cacotene, and vitamins A and E when compared to dairy produced by animals on a
more common grain diet. In addition, goat milk is naturally homogenized and has smaller fat
molecules ~than cow milk. Many people who are 'lactose-intolerant can comfortably consume
goat milk, and it is better tolerated by people with asthma and allergies.
• E n vironmental: There are man)' reasons to support the keeping of backyard Food-
Pcoducing Animals. Each item of food an American consumes travels an average of 1300
maes to ~reach the plate. In the case of dairy, the energy use of transport is increased because
'the food must be refrigerated. Concentrated Animal Feed Operations (CAPOs), where much
of this country's dairy is produced, pollute surface and ground water. CAPOs contribute
significantly to greenhouse gases through methane emissions, and release other hazardous
gasses into the air.
,. f ood Safety & Security: Dairy produced in CAPOs is extremely vulnerable to food-home
bacteria. Backyard Food-Producing Animals can provide a relatively secure source of protein
for families . An overwhelming peccentage of the food Coloradans consume is produced
o utside of GoJocado . Food-Producing Animals can help to reduce our dependence on
o utside food sources.
Keeping Backyard Dwarf Dairy Goats
• Shelter: Dwarf goats need to have access to a shelter. Best practice would be a shelter that
p rovides at least t Ssf of space pee goat.
• Open s"ace: Dwarf goats can live comfortably in many b ack yard spaces . Best practice is at
least 130sfofopen space pee goat.
• fencing: A 4-foot fence is generally adequate to keep a dwarf goat secure.
• ~ Dwarf goats should eat primarily bay, which i s available at sevecallocaJ feed stores.
Gcain can be given in small amounts as a supplement In addition, dwarf goats can eat most
vegetarian food scraps and most garden waste, although care should be taken to avoid a few
harmful foods. Dwarf goats should be given consistent access to water.
• Milkio&: Lactating does can be milked once or twice a day. It is not necessary to milk at the
exact same time every day, but relative consistency is helpful both for the comfort of the
goat and for stability of milk production.
• Milk Prodyction: Nigerian Dwarf goats can produce around l quart of milk pee day.
• Yeterinuy Care: There are veterinarians in Highlands (Denver), Golden, and Genessee who
see goats. Goats in CoJocado should receive a CD-T vaccination once pee year. 1b.is vaccine
is to pt'o tect goats from enterotoxemia and tetanus, neither of which can be transmitted to
h umans.
• Socialization: Goats are social creatures and can become extremely stressed if they are alone.
I t is not advisable to keep onJy one goat; goat owners should always have two (or more).
Dwarf Goats in Other Cities
Please see the attached chart (#I). Denver passed a new Food-Producing Animals ordinance in
2011, and tl1e chart reflects the rules of that ordinance. The information on other cities was gathered
by the team in Denver tasked witll doing research in the process of developing tlle ordinance, and
reflects the other cities' ordinances as of early 2011.
A Wheat Ridge Solution
The attached chart (#2) details the differences between the chicken. rules in Denver and Wheat
Ridge . Altllough Denver is ow neighbor, their smaiUer llot sizes and concentrated population ;lends
itself to more highly regulated a.nima.l ordinances. Wheat Ridge's more re'laxed chicken rules have
given its residents tlle fle-xibility to raise chickens in whatever way best fits their situation, while
setting structure guidelines to ensure that chicken coops do not interfere witll a neighbor's ability to
enjoy their property. In addition, Wheat Ridge's laws regarding animal noise, odor, nuisance, and
abuse help ensure that chickens are being cared for appropriately.
In that spirit, it is logical to keep things simple and streamlined when allowing Wheat Ridge residents
to legally raise backyard dwarf dairy goats. Including dwarf dairy goats in the list of ''Small AnUnaJ.s
and Poultry" will set reasonabl.e rules ce,garding ,the size and placement of the goats' structuce, while
maintaining consistency witll the cdative freedom allowed by Wheat Ridge's other animal po'licies.
A 55 pound dwarf goat is closer in size to a chicken (6 pounds) than it is to a fuU -size goat (150
pounds), and also smaller in size than many dogs that Me currently kept in back yards .
Number or Min.
City Dwarr Square Feet GCMtts
A lowed O pen S pace
Seattle 3 None
specified
Portland 3 None
specified
Chicago Not None
specified specified
New York City Not None
specified specified
2, plus any
number of
De.nver their 130sfper
offspring up dwarf goat
to6 months
old
Dwarf Goats in Other Cities
Chart #l
Fencing Min. Lot Sbelter Size Sbel ter Licensi ng Size Location
None None None specified None specified No specified specified
Animal None specified Must be 15ft None (must be in from neighbors ' No cannot roam specified good condition , at large etc) residences
None None None specified None specified No specified specified
Yard must be
fenced to keep None None specified None specified No animals from specified
roaming
Must be 15ft
Adequate to from neighbors'
con tain the None At least 15 sf residences; Yes
animals specified per dwarf goat must be in rear
50% of lot
Use-By· Notes Rlg bt
Yes 4 dwarf goats allowed on
lols in excess of 20,000sf
Yes Can get a permit for 4+
dwarf goats
Yes Not expressly regulated if
kept as pets
I
Yes
One-time license of $25,
no pre-inspection, license
Yes does not need to be
renewed unless resident
moves
-------------
A Wheat Ridge Solu tion
Cbart#2
Allhough Denver is our neighbor, their smaBer lot izes and concenlllUed population lends
itself to more highly regulated animal ordinance •. Wheat Ridge's more rdaxed chicken rules
have g,iven its residents the flex i bility to nise chicliens i n W:hatevel' way best fits their
situation, while sening structure guidelines to ensure 11hat chicken coops do ·001 interfere
wilh a neighbor's ability to enjoy their propeny .
Denver shows us that dwarf goats can be k~pt successfuUy i n me city. However, Wheat
Ridge's solution may not 'lie in direclly duplicating !Denver's ·ordinance. but rather in
inoorponting dwarf goats into Wheat !Ridge's .a:~Jleady ·successfuUy 'Food firoduc:ing Animals
rules (i.e. "Small Animals and 1Poultry").
Comparis on of BaCkyard Chicken R ules
W heat iRidge IOnver
Number Allowed Not specified 8
Open Space Required Not s,pecified 16sf per chicten
Nigblime$bella:: IMge enough for the
c:bichusto .-ound eacb other;
Struccure Size Not pecifiled Daytime ·sbdlcr.large enough for the
dUdte to !pad their wings without
lloudling
Not in the front yard: t S rt ifirom Rear SO'I> or 111e tot; 1 s ft from Scructure Placement 'the side and rear (property ilines ; neigbboring resideooes 30ft from neighboring 1re .. idences
Fencing Adequate :to contain 'the .animals Adrqu~~e tocoota.in tbe animals
WNING AND DEVELOPMENT § 26 -204
Ac~sory Uses For Resiitential Distrt.Cts ..... Notes
Bee keeping See § 26-603 and 607
Ancillary uses operating within a church's pri-e.g.: Day care centers, scout meetings
mary structure
Home occupations, including produce stands See § 26-613 and § 26-636 for produce stands
Accessory buildings See § 26-123; 605 (excludes keeping of swine); 606.
Accessory buildings shall not be located on a vacant
lot devoid of any primary or main building, except
for urban garden uses, which may or may not have
a primary or main building
Farmers' markets Not permitted as an accessory use on properties
where the primary use is a single-or two-family
home. See § 26-635
Household pets, limited to no m()re._ than 3 dog ~/ Plus their unweane<i offspring
l arid 4 ca ~
P rivate swimming pools and tennis courts and See§ 26-603
other recreational facilities
Public and private communications towers, televi-For satellite earth receiving stations, see § 26-616
sion or radio antennas and§ 26-617
Public utility lines and poles, irrigation channels,
storm drainage and water supply facilities
Rooming and/or boarding of not more than 2 per-On a contract basis for not less than 7 days
sons
Urban gardens See§ 26-637
Water towers or aboveground reservoirs Not in excess of 35 feet
Table of Uses-Agricultural and Public Facilities
Uses Notes A-1 A-2 I PF
Bed-and-breakfast Subject to requirements s s ,I
set forth in § 26-608
Cemeteries and creroato-Not including funeral s s
ries homes
Churches parish houses s s
Day care home, large s s
Day care center, large s s
Day care center, small s s
Dog kennels, catteries, Provided that outside s s
veterinary hospitals runs which are adjacent
to residentially zoned or
used property are no
closer than 25 feet to a '
side or rear lot line
Electric transmission s s
substations
Farmers' markets Submittal to community p p p
development department
required . See § 26-635
Supp. No . 50 1729
ZONING AND DEVELOPMENT § 26-605
2. For all swimming pools, hot tubs, spas, and similar aquatic facilities (including in-and
above-ground), required fences and barriers shall conform to the requirements of the
International Residential or Building Code, as applicable.
H. Maintenance. All fences shall be maintained in a structurally sound and safe condition, and shall
not be allowed to deteriorate so as to become unsightly nuisances to neighboring property or to
the general public.
I. Height measurement.
1. Divisional fences, walls, hedges, and other divisional structures which are parallel or are
adjacent to public streets shall be measured as provided by section 26-603B. (sight distance
triangle requirements).
2. All other provisional fences, walls, hedges, and other divisional structures or obstructions
shall be measured from finished grade, five (5) feet inside of the property to which it belongs.
(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1248, § 1, 5-13-02; Ord. No. 1288, §§ 1, 2, 5-12-03; Ord. No.
1376, § 1, 10-23-06; Ord . No. 1515, § 9, 7-9-12; Ord. No. 1518, §§ 1, 2, 8-27-12)
Sec. 26-604. Storage of flammable liquids or gases.
No aboveground storage of flammable liquids or gases in excess of two thousand (2,000) gallons shall
be permitted in any district other than the industrial-employment district unless approved as a special
use and in conformance with the Uniform Fire Code and other applicable laws .
(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1523, § 8, 10-8-12)
Sec. 26-605. Large animals.
Private stables for the keeping of large animals such as horses, cows, llamas, sheep, goats and similar
animals shaH meet the following requirements. This section shall not apply to conforming lots in theA-1
or A-2 districts:
A. Minimum open lot area shall be nine thousand (9,000) square feet for the first horse equivalent
unit and an additional six thousand (6,000) square feet for each additional horse equivalent unit.
For the purposes of this section, "open lot area" means a portion oflot excluding area covered by
a main structure and attached carports or patios, and excluding detached garages. There shall be
no more than four (4) horse equivalent units per acre except that offspring of animals on the
property may be kept until weaned. One (1) horse equivalent equals one (1) horse, one (1) cow, two
(2) llamas, two (2) burros , four (4) alpacas, four (4) sheep, four (4) goats, or two (2) ponies.
B. Manure or liquid waste shall not be allowed to accumulate so as to cause a nuisance as regulated
by Wheat Ridge Code of Laws, chapter 15.
C . The pen, corral or fenced area allotted to the animals shall meet the following requirements:
1. The fence or other enclosure must be constructed and maintained in such a manner so as to
adequately and humanely contain the animals. Owners of animals using fences belonging
to adjacent properties to be used for the containment of animals must have permission of the
owner of the fence in question in writing.
2. The pen, corral or fenced area for the regular keeping of such animals shall not be permitted
within thirty (30) feet of the front lot line, except for lots over one (1) acre or, if under one
(1) acre if the lot bas no main structure.
3. No part of an enclosure for the keeping of such animals shall be permitted within thirty (30)
feet of a residence or other main structure on an adjacent parcel.
Supp . No . 50 1822.1
ZONING AND DEVELOPMENT f 26-606
E. After a complaint is received concerning the keep~ of a larp animal on residential lots and
substandard li.r.ed qricultural lots with corrals less than one thousand (1,000) square feet in
size, the owner shall follow an approved manure management proeram as prescribed by the
animal welfare control commission.
F. Upon receipt of any complaint involving large animals as defined herein, standard nuisance
abatement procedures will be followed. Additionally, code enforcement personnel will make the
complaint known via the APEO superintendent to the membere of the animal welfare and control
commission who shall be available in any advisory capacity at any time. The animal welfare and
control com.mission will investigate all citizen complaints regarding large animals or their
equivalents. The animal welfare and control commission will develop written procedures as to
how citizen complaints will be investigated, monitored, and disposed of.
G. Any keeping of animals made nonconforming by the passage of Ordinance No. 1165, Series of
1999, shall constitute a legal nonconformin&' keeping of animals. The legal, nonconforming
keepi.o« of such animals may be continued so long as such keeping of animals remains otherwise
lawful; except where such keeping of animals is discontinued for a period of sixty (60) consecutive
days or more, then said keeping of animals must conform to the provisions hereof or must cease.
Upon sale ofa property, the minimum requirements ofsection 26-606 shall be met or the keeping
of animals must cease. For the purposes of this subsection G., periodic removal for the purposes
of pasturing shall not constitute discontinuance of use.
H. Nonconforming A-1 and A-2 properties (i.e., A-1 and A-2 lots less than one (1) acre in size) shall
follow the provisions of subsections A through G., of this section.
(Ord. No. 2001-1215 , § 1, 2-26-01)
Sec. 28-608. Small animal• and poultry.
The private keeping of small animals, such as rabbits and chinchillas, or poultry, such as chickens,
ducks, geese, pheasants or pigeons, shall be subject to the following requirements. This section shall not
apply to conforming lots in the A-1 or A-2 districts.
A Poultry houses and pigeon coops, or the portions of structures used to house these animals, shall
not exceed four hundred (400) square feet of ground floor area nor twelve (12) feet in height.
B. Hutches for small animals shall not exceed one hundred (100) square feet of ground floor area
with a maximum of two (2) floors or levels.
C . Maximum ground floor areas for small animals or poultry set forth above may be increased by
fifty (50) percent for each acre in addition to the minimum lot size for the zone district.
D . All houses, coops, hutches or portions of structures housing animals shall be located other than
in a front yard, shall be set back at least fifteen (15) feet from side and rear property lines, and
shall be no cloaer than thirty (30) feet from a residence or other main structure on an adjacent
property.
E. The accumulation of animal waste to the extent that such becomes a nuisance to surrounding
properties is prohibited, as regulated by chapter 15 of this Code of Laws.
F. The legal, nonconforming keeping of such animals may be continued so long as such keeping of
anim•ls remains otherwise lawful; except where such keeping of animals is discontinued for a
period of sixty (60) consecutive days or more, then said keeping of animals must conform to the
provisions hereof or must cease.
(Ord. No. 2001-1215, § 1, 2-26-01)
Supp. No. Sl 1823
§ 26-605 WHEAT RIDGE CITY CODE
4. The fence or other enclosure must enclose a minimum of eight hundred (800) square feet for
the first animal and an additional one hundred (100) square feet for each additional animal
of any species.
D. Structures such as barns or sheds or those portions of such structures where animals are housed
shall be no closer than fifteen (15) feet to a side or rear lot line and shall be no closer than thirty
(30) feet to a residence or other main structures on an adjacent parcel and shall not be located
within the required front yard setback.
Supp. No. 50 1822.2
~ ... .,
.. ~ ~ City of • ~WheatJ34_dge ~OFFICE OF THE 01Y MANAGER
TO:
THROUGH:
FROM:
DATE:
Memorandum
Mayor and City Council 1\.A
Patrick Goff, City Manager kiJ'
Steve Art, Economic Development Manager
May 5, 2014
S+ervt2
SUBJECT: Request for inclusion into the Business Development Zone program for
rebate of use tax
ISSUE:
Should the City of Wheat Ridge enter into a Business Development Zone (BDZ) Program
Agreement with 38 Limited (38 Ltd.)? Staff is seeking guidance from Council on the following:
1. Authorization to proceed with drafting an agreement for City Council approval to enter
into a BDZ Agreement with 38 Ltd.; and
2. Guidance on the percentage of incentive, total amount of incentive, and the time period
during which the agreement would run.
BACKGROUND:
In late summer of2013 , 38 Ltd. purchased the building at 7200-7250 W. 38 111 Avenue between
Upham and Teller Streets. This area of 38th Avenue is situated in the Main Street area of the
Ridge at 38. 38 Ltd. intends to renovate the structure that will include a new restaurant at the
western edge, residential units , and improved retail in the remaining first floor suites. The
restaurant redevelopment plan includes an open patio on the second floor. The addition of the
patio requires the demolition of the current second floor residential unit to accommodate the new
patio area.
Phase I of the redevelopment will include fa9ade improvements to the building and
improvements to the building's internal infrastructure. Phase II of the project will consist of
second floor residential units above the retail space to the east of the restaurant pad.
The 38 Ltd. ownership group has met with the staff of economic development and the building
division regarding the building plans and the desire for assistance through the BDZ program. 38
Ltd. has contracted with Dan O 'Brien, owner of ZO Architecture and its structural engineer to
design the redevelopment project.
The building, which encompasses one city block, has been occupied by various small businesses
during the previous decades. During this period , the building has lacked any significant
Request for BDZ Inclusion
May 5, 2014
Page 2
maintenance and has fallen into disrepair. Since purchasing the building, 38 Ltd. has made
improvements to the parking lot , the commercial structure behind the main building and repairs
to the electrical systems. The owners have also relocated one tenant to make room for the
restaurant development.
The redevelopment project has an estimated valuation of $616 ,000 for the restaurant only. The
fa<;:ade improvements are estimated at $65 ,000 . When complete, the project will increase the
property and sales tax revenues to the City. The building use tax is estimated at $11 ,088 and fees
are estimated at $7 ,178 for a total of $18 ,266.
During the initial building improvement stage of the project's redevelopment, the site will
generate new construction jobs and permanent employment once the new businesses are opened .
A restaurant occupying a space of 3,500 to 5,000 sq. ft. may employ up to 30 people with a
potential for sales tax generation of approximately $40 ,000 annually. Additional public
improvements include:
• Additional square footage with the rooftop patio and residential component
• Fa<;:ade improvements that will beautify the Ridge at 38
• Foundation improvements for new development and reinforcement of existing space
• Repair brick work throughout the project
• New insulation for improved utility savings and noise attenuation
• Provide ADA accessible improvements
• Parking lot improvements to create an improved flow of traffic for the project
• Improvements to the outdated sewage line
• New water line to serve the needs of the restaurant and residential units
• An upgrade of the outdated electrical system . The new service will upgrade capacity to
400 amps.
• A potential to widen the sidewalks to allow more outdoor seating and visual impact to the
Ridge at 38 which is consistent with the 38th A venue Corridor Plan
• Increased market rate residential units in the main street portion of the Ridge at 38 that
will generate increased property taxes
38 Ltd. is currently in negotiations with three parties that are interested in leasing the restaurant
space . Depending on the user selected , the restaurant sizes range from 3,500 -5,000 sq. ft .
Construction is anticipated to begin in late spring, 2014.
The applicant has not submitted construction drawings to the City or has not scheduled a pre-
application meeting with staff so the project value, taxes and fees are estimates based on what
the applicant has provided to the City. Actual values will be determine when a building permit is
issued for the project.
Request for BDZ Inclusion
May 5, 2014
Page 3
PRIOR ACTION:
Chapter 22 ofthe Wheat Ridge Code of Laws established the BDZ Program. The primary
purpose of the BDZ Program is to provide incentives for revitalization and new development to
help overcome conditions ofunemployment, underemployment, net outmigration ofthe
population , diminution of tax revenues , chronic economic distress and deterioration of business
districts and public infrastructure. The BDZ provides incentives through the rebate of use tax on
furniture and fixtures associated with the initial development or redevelopment project, use tax
on building materials , building permit fees and zoning fees.
In the past the Council has approved several BDZ agreements with existing Wheat Ridge
businesses and non-profits as well as an existing business in a neighboring community looking
for an incentive to relocate to Wheat Ridge. Every project was unique , but each was evaluated
against a set of criteria outlined in the Code of Laws.
The criteria for approval of a BDZ agreement are as follows:
1. The amount of enhanced sales tax (and use tax for a BDZ agreement) which can
reasonably be anticipated to be derived by the City through the expanded or new tax
generating business;
2. The public benefits which are provided by the applicant through public works , public
improvements , additional employment for City residents ;
3. The amount of City expenditures which may be deferred by the City based upon public
improvements to be completed by the applicant ; and
4. The confonnance of the applicant 's property or project with the comprehensive plan and
zoning ordinances of the City.
On May 14 , 2012 , City Council adopted Resolution 24-2012 which established the entire
incorporated City of Wheat Ridge as a Business Development Zone. The resolution also
stipulated that the BDZ Program would be used as an economic development incentive to target
businesses that will enhance the City's sales and use tax base and create jobs to include, but not
limited to , the following:
a. Niche and Specialty retail -gardening, landscaping, and produce retailers; outdoor
lifestyle and recreation retailers ; full service, sit-down restaurants ; furniture , hardware
and clothing stores
b. Primary employers -medical-related facilities and supporting services to complement
Exempla Lutheran hospital , and clean energy and biotechnology companies to locate in
the Clear Creek Crossing or TOD area.
Request for BDZ Inclusion
May 5, 2014
Page4
STAFF RECOMMENDATIONS
The applicant is requesting a 100% rebate ofthe building use tax and fees in an amount
estimated at $18,266. As a comparison, BDZ and ESTIP agreements were approved by City
Council for the following similar businesses:
Business Project Estimated Annual BDZ ESTIP Share
Investment Sales Tax Share Back %/$ Back%/$
291n Ave Restaurant $l.OM $45,000 25%/$6,638 1 25%/$33,750 est
Colorado Plus $l.OM $25 ,000 }QQ%/$3,768L 50%/$76,200 max
1. Use Tax and Fees
2. Use Tax only
Staff recommends providing a 50% rebate of use tax only estimated at $5,544 for the following
reasons:
I . The total rebate will be similar to other BDZ agreements for similar projects.
2. The Project meets the objectives of the City's economic development goals by providing
redevelopment and jobs in the City of Wheat Ridge.
3. The Project could be a catalyst for the redevelopment of adjacent properties along the
38 1h A venue corridor.
4. The project will redevelop a blighted building in the heart of Main Street as identified in
the 38 111 Avenue Corridor Plan adopted by Council in October, 2011.
5. The Project will bring in new tenants and options for shoppers ; and
6. The Project will generate enhanced sales , use and property tax revenues and increased
employment.
If Council provides the authorization to bring this item forward at a future meeting, staff will
provide a resolution and BDZ Agreement for Council consideration.
COUNCIL CONSIDERATIONS:
Staff would like direction on the proposed BDZ agreement with 38 Ltd.
ATTACHMENTS:
1. Daniel O'Brian Architect outline specifications, including elevation plans
2. Chapter 22, Division 5 -Business Development Zone
D A N I E l H.O'BRIEN ARCHITECT
Archltecture+Piannlng
38TH + TELLER RENOVATION
WHEAT RIDGE, COLORADO-PHASE ONE WORK-Building Shell-
Outline Specifications-April18, 2014
1. General Requirements -
A. Utilities and temporary facilities by Owner.
B. Selective demolition -
1. Remove existing interior partitions and doors not scheduled for reuse.
2. Remove the existing gable roof and portions of the existing walls above the existing second floor
framing at the west end of the building
3. Remove cabinets and countertops at second floor and salvage for reuse.
4. Remove existing HVAC equipment, ductwork , and plumbing fixtures not scheduled for reuse .
5. Remove existing lighting not scheduled for reuse. Remove any unused conduit and switchgear
that will not be used for new electrical work .
6. Remove portion of existing masonry wall at west wall for new windows .
7. Remove 1st floor existing floor finishes to subfloor-(existing floor at west unit is concrete slab
on grade; existing floor at adjacent unit to the east is a wood subfloor over crawl space).
8. Remove existing ceiling finish at the west unit. At the adjacent unit to the east , the existing
plaster ceiling shall remain in place .
1A. Alternate Pricing (optional scope of work)
1. At the streetfront of the west unit , replace existing painted wood windows with new dark bronze
anodized windows with low E 1" insulating glass
2. At the streetfront of the rest of the building , replace existing painted wood windows with new
dark bronze anodized windows with low E 1" insulating glass
3. Remove portion of interior bearing walls-(between west end unit and the adjacent unit).
4. Remove the existing plaster on the interior side of the exterior masonry wall on the west side of
the west end unit. Clean masonry wall to provide exposed brick finish .
2. Sitework -
Daniel H. O'Brien , Architect-1101 Bannock Street , Denver Colorado 80204 Tel 303-623-2330 mp 720 560 3352
danhobrien@zo-architects .com
38 TH + TELLER
Page 2
A. Repair asphalt at perimeter of foundation wall work for new stair enclosure.
3. Concrete -
A. Foundation work for new columns
B. Repair existing slabs adjacent to new columns .
4. Masonry
A. Repair existing brick wall at perimeter of new openings -tooth in brick with reclaimed brick from
the openings . lnfill portions of some existing openings.
B. Provide new brick veneer parapet wall on top of the existing exterior wall at the streetfront of the
west end unit and along the west side of this unit. Refer to the attached building elevations for the
extent of this work .
5. Metals
A. Architectural steel work-Provide steel stringers , railings , and handrails for new stair inside the
existing building .
B. Steel "canopies " I frames for tenant signs-Assume an allowance of $60 /linear foot for this
work. Refer to the building elevations for the extent of this work .
6. Wood
A. 2x6 Wall framing for second floor space and new stair enclosure at rear of building .
B. Roof framing for new second floor space-2x12' @16 " o,c, typical w/ A-C plywood deck-
structure to remain exposed
C. Miscellaneous framing to create new openings for new stair to 2nd floor ..
D. Miscellaneous wood framing or blocking for support of electrical panels , fixtures , etc .
E. Provide dimensional lumber wood stringers and treads for the new exit stair at the south side of
the building .
7. Thermal and Moisture Protection
A. New foam insulation board at roof -(R38)
B. Batt type insulation at new second floor exterior walls-R-21
C. Single membrane roofing over dens deck substrate , metal flashing and metal fascia
D. Prefinished metal roof and wall panels-For the roof and south wall panels , use the Berridge
Dan iel H . O'Brien , Architect -1101 Bannock Street , Denver Colorado 80204 Te l.303-623-2330 mp 720 560 3352
danhobrien@zo-architects .com
38 TH + TELLER
Page 3
"Tee-Panel " system . For the corrugated wall panels, use the Berridge "S-Deck " sytem or approved
equivalent. Colors will be selected by the Architect from the manufacturer's standard colors.
E. New cement board siding at sides of stair enclosure at rear of building. Provide polycarbonate
sheet panels directly on wood framing at south side of stair enclosure , (for daylighting of stair
enclosure)
F. Interior sealants and Exterior caulking-provide as needed
8. Openings-
A. New exterior doors -provide new painted hollow metal doors with full glass lites typical at the
four streetfront entrances. The entrance door at the east corner unit shall remain and be
refinished. Provide one new ftush hollow metal door for the exit door on the south side of the west
end unit. All other existing doors on the south side of the building shall remain in place .
C. Door hardware-provide lever type I ADA hardware typical at interior doors.
New streetfront exterior entrance door shall be provided with 15" high by :Y.." diameter pull w/ exit
device, closer, and weatherstripping . New rear exit doors-exit device w/ lever type latch at
exterior, closer, and weatherstripping
9. Finishes
A. Provide low level loop commercial carpet at south stair treads and risers.
B. Stair treads at the new stair inside the existing building shall be stained and sealed 2x12
Doug .Fir timber treads with a continuous 4" high x 1/8" steel plate screwed to the back of each
tread -(open above the steel plate)
C. Floor at the ground level of the south stair enclosure shall be stained and sealed concrete.
D. Gypsum Board -Gypsum board finish typical at exterior walls at new second ftoor enclosure .
E. Paint all new and repaired drywall and plaster.
10. Specialties
A. Provide toilet paper holders , ADA grab bars at accessible toilet rooms , mirrors , and paper towel
dispensers .
11. Equipment
A. Provided by tenant
Dan iel H . O'Brien , Arch itect -1 101 Ban nock Street, Denver Colorado 80204 Tel.303 -623-2330 mp 720 560 3352
danhobrien@zo-a rch itects .com
38 TH + TELLER
Page4
12. Furnishings
A. Provided by tenant
13. Plumbing
A. New toilet rooms and fixtures will be part of the tenant finish work .
B. Provide gas piping for new HVAC equipment and new hot water heater
C. New floor mounted mop sink will be part of the tenant finish work .
14. HVAC
A. Provide new rooftop HVAC units to include heating and air conditioning. New exposed circular
section sheet metal ductwork for air distribution will be part of the tenant finish work .
B. Provide toilet exhaust systems for each toilet room .
C. Kitchen exhaust hoods and make-up air systems will be the responsibility of the tenant.
15. Electrical
A. Provide power to new rooftop mounted HVAC units and all toilet exhaust systems .
B. Existing lighting shall remain to provide temporary interior lighting prior to tenant finish work.
C. Existing electrical and data outlets shall be removed .
D. Emergency egress lighting -(to be provided in tenant finish work)
E. Provide two new 200 amp panels for the new west end tenant space
16. Fire Protection Systems
This work shall be part of the tenant finish work .
Dan iel H . O'Brien , Architect -1101 Bannock Street , Denver Colorado 80204 Tel.303 -623 -2330 mp 720 560 3352
danhobrien@zo-architects .com
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38TH + TELLER
WHEAT RIDGE , CO L ORADO
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38TH + TELLER ARCHITECT ~-~--I 3031232330 ..
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38TH + TELLER ARCHITECT
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Sec . 22-85. -Program established.
There is hereby established within the city the "Wheat Ridge Business Development Zone" program .
(Ord. No . 888, § 1, 1-13-92; Ord. No . 1272, § 1, 12 -9-02)
Sec. 22-86. -Legislative declarations.
(a)
(b)
(c)
(d)
The city council of the city hereby finds and declares:
(1)
(2)
(3)
That the health, safety and welfare of the people of this city are in large part dependent upon
the continued encouragement, development and expansion of opportunities for employment
in the private sector in this city;
That there currently exists in this city businesses or vacant land which require new
development or revitalization opportunities to overcome conditions of unemployment,
underemployment, net out-migration of the population, diminution of tax revenues, chronic
economic distress and blighting influences such as, but not limited to , deterioration of
business districts, deterioration of public infrastructures, traffic and drainage problems or
sudden severe economic dislocations;
That by creating new development, redevelopment or expansion opportunities for
businesses within the city the city council will increase the likelihood that new and improved
businesses will generate more municipal sales and use tax revenues for the city in the future .
It is therefore declared to be the policy of the city, in order to provide incentives for private
enterprises to expand or for new businesses to locate in the city, to develop a program which
empowers the city council to designate portions of the city as a "business development zone" and to
provide for the abatement of certain categories of fees, taxes and other business development-
related charges for new development or redevelopment within such districts.
The city council has enacted this division 5 of article I of chapter 22 of the Code of Laws as a joint
benefit to the public at large and to private owners for the purposes of reducing blight in our business
districts and of providing the city with increased sales and use tax revenues generated upon and by
properties improved as a result of this program and allowing owners and proprietors opportunities to
improve properties which generate sales activities, which improvements make those properties more
competitive in the marketplace and further provide to owners and proprietors additional contingent
sources of revenues for ungrading such properties.
The city council specifically finds and determines that creation of this "business development zone"
division and the exercise of the powers enumerated herein are consistent with and promotes the
public health, safety and general welfare of the citizens of Wheat Ridge .
(Ord. No . 888, § 1, 1-13 -92; Ord. No. 1993 -947, § 1, 12 -13-93; Ord. No . 1272, § 1, 12 -9-02)
Sec. 22-87.-Definitions.
As used in this division , the following phrases shall have the following meanings unless the context
clearly indicates another meaning:
(1)
(2)
(3)
(4)
The phrase eligible city fees , charges and taxes shall mean and shall be limited to use tax on
furniture and fixtures associated with the initial development or redevelopment "project," use
tax on building materials, building permit fees and zoning fees.
The phrase expected incremental future sales and use tax revenue shall mean the amount of
the additional sales and use tax revenue, as projected by the city, expected to be generated
during the council-designated time period from the time of completion of the "project" over
and above the sales and use tax fees generated on the premises in the twelve (12) months
preceding the application described in section 22-88
The phrase owner or proprietor shall mean the record owner, tenant or operator of an
individual business or, in the case of a shopping center, the owner of the real property upon
which more than one business is operated.
Project shall mean the specific development or redevelopment expenditures which relate
both to the abatement of "eligible city fees, charges , and taxes" and "expected incremental
future sales and use tax revenues."
(Ord . No . 888, § 1, 1-13-92; Ord. No. 1272, § 1. 12-9-02)
Sec. 22-88 . -Participation.
Participation in the business development zone program shall be based upon approval by the city
council , exercising its legislative discretion in good faith. Any owner or proprietor of an established , proposed
or newly purchased business, or the owner or proprietor of an existing business which wishes to expand ,
may apply to the city for inclusion within the program . Abatement or sharing of eligible city fees, charges ,
and taxes shall , upon approval of the application by the city council , be granted up to the amount of
expected incremental future sales and use tax revenue to be generated by the project during the agreed to
time period .
(Ord. No . 888, § 1, 1-13-92; Ord. No . 1272, § 1, 12-9-02)
Sec. 22-89. -Approval of agreement; use of funds generally.
Approval by the city council of an agreement implementing the provisions of this division shall entitle
the applicant to share in the eligible city fees, charges and taxes up to the amount agreed by the city council ;
provided, however, that applicant may use such amounts only for the purpose of developing or redeveloping
the business within the approved business development zone, which purposes shall be specifically
enumerated in the agreement provided for in section 22-94 hereof.
(Ord . No . 888, § 1, 1-13-92; Ord. No. 1272, § 1, 12-9-02)
Sec. 22-90. -Uses enumerated.
The uses to which the eligible city fees , charges and taxes may be put by an applicant shall be
strictly limited to those which are approved by the city council and relate directly to the development or
redevelopment of businesses within the city, which developed or redeveloped businesses will generate more
municipal sales and use tax revenues for the city in the future. Priority shall be given to all businesses which
make application for inclusion within this program and who agree to utilize the eligible city fees, charges and
taxes for the public or public-related purposes identified section 22-78 of this Code of Laws.
(Ord. No . 888, § 1, 1-13-92; Ord. No . 1272, § 1, 12-9-02)
Sec. 22-91. -Increments, sharing of funds.
The base figure for eligible city fees, charges and taxes shall be divided into twelve (12) monthly
increments, which increments are subject to agreement between the parties and approved by the city
council, and which increments shall be reasonably related to the amount of sales and use taxes generated
on the premises in the twelve (12) months preceding the application received by the city for participation in
this program . The accounting and payment provisions of sections 22-79 and 22-80 hereof are hereby
declared to be applicable to any application approved hereunder.
(Ord. No . 888, § 1, 1-13-92; Ord. No . 1272, § 1, 12-9-02)
Sec. 22-92. -Capital improvement fund.
The one (1) percent of use taxes earmarked for the capital improvement fund may be utilized in this
business development zone program for public improvements so long as the same are within the meaning of
the phrase capital improvements as defined in the voter-approved sales tax referendum previously held
within the city, and provided the public improvements are found and determined by the city council to be
capital improvements which could be provided by the city from the capital improvement fund but for the
provision of such improvements by the applicant.
(Ord. No . 888, § 1, 1-13-92; Ord. No. 1272, § 1, 12-9-02)
Sec. 22-93. -Criteria for approval of application.
(a)
Approval of an application for inclusion in this business development zone program shall be given by
the city council at a public hearing held as a portion of a regularly scheduled city council meeting
based upon the following criteria:
(1)
(2)
(3)
(4)
(5)
The amount of expected incremental future sales and use tax revenue which [can]
reasonably be anticipated to be derived by the city through the expanded or new tax
generating business;
The public benefits which are provided by the applicant through public works, public
improvements, additional employment for city residents, etc.;
The amount, if any, of city expenditures which may be deferred based upon public
improvements to be completed by the applicant;
The conformance of the applicant's property or project with the comprehensive plan and
zoning ordinances of the city;
(b)
(c)
The agreement required by section 22-94 hereof having been reached, which agreement
shall contain and conform to all of the requirements of such section.
Approval of any application shall be made by motion adopted by a majority of the entire city council.
The city council may by three-fourths(%) majority vote approve exceptions to the provisions of this
division when such exceptions are found to be in the public's interest and such exceptions provide
substantial benefit to the city.
(Ord. No . 888, § 1, 1-13 -92; Ord. No . 1993-947, § 2, 12-13-93; Ord. No . 1272, § 1, 12-9-02)
Sec. 22-94. -Agreement required.
Each application for approval to the city council shall be subject to approval by the council solely on
its own merits. Approval of one application shall not require, or be deemed precedent for, approval of any
other application . Approval of an application shall require that an agreement be executed by the owner and
the city, which agreement shall, at a minimum contain:
( 1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
A list of those public or public-related improvements which justify applicant's approval, and
the amount which shall be spend on such improvements;
The maximum amount of expected incremental future sales and use tax revenue and the
maximum time during which the agreement shall continue, it being expressly understood that
any such agreement shall expire and be of no further force and effect upon the occurrence of
the earlier to be reached of the maximum time of the agreement (whether or not the
maximum amount to be shared has been reached) or the maximum amount to be shared
(whether or not the maximum time set forth has expired);
A statement that this is a personal agreement which is not transferable and which does not
run with the land ;
That this agreement shall never constitute a debt or obligation of the city within any
constitutional or statutory provision;
The base amount which is agreed upon by month, and the fact that if, in any month as
specified, expected incremental future sales and use tax revenue received from the property
does not at least equal such amount, that there shall be no sharing of funds for such month;
The base amount shall be agreed upon, which shall consider the use taxes generated by the
property in question, or a similar property within the city in the event of a new business;
A provision that any expected incremental future sales and use tax revenue shall be
escrowed in the event there is a legal challenge to this business development zone program;
(9)
An affirmative statement that the obligations, benefits and/or provisions of this agreement
may not be assigned in whole or in any part without the expressed authorization of the city
council, and further that no third party shall be entitled to rely upon or enforce any provision
hereof;
Any other provisions agreed upon by the parties and approved by the city council.
(Ord. No . 888, § 1, 1-13-92; Ord. No . 1272, § 1, 12-9-02)
Sec. 22-95. -Joint venture liability.
The city council has enacted this business development zone as a joint benefit to the public at large
and to private owners for the purposes of providing the city with increased tax revenues generated upon and
by properties improved as a result of this program; public improvements being completed by private owners
through no debt obligation being incurred on the part of the city, and allowing applicants an opportunity to
improve properties which generate sales and other business activities. The city council specifically finds and
determines that creation of this business development zone is consistent with the city's powers as a home
rule municipal corporation , and that exercise of such powers in the manner set forth herein is in furtherance
of the public health, safety and welfare. Notwithstanding any provision hereof, the city shall never be a joint
venture in any private entity or activity which participates in this business development zone program , and
the city shall never be liable or responsible for any debt or obligation of any participant in this business
development zone.
(Ord . No . 888, § 1, 1-13 -92; Ord. No . 1272, § 1, 12 -9-02)
Sec . 22-96.-ESTIP and TIF.
If the applicant, owner or proprietor participates in the city's Enhanced Sales Tax Incentive Program
("ESTIP") or if the owner's or proprietor's business is located in an urban renewal area in which all or a
portion of sales tax revenues have been pledged as part of a tax increment financing program, he or she
shall be ineligible for participation in this business development zone program .
(Ord. No . 888, § 1, 1-13 -92; Ord. No . 1272, § 1, 12 -9-02)
Sees. 22-97-22-99 .-Reserved .
~""~ ... r City of ~Wheat&_dge ~OFFICE OF THE CnY MANAGER
TO:
FROM:
DATE:
SUBJECT:
Memorandum
Mayor and City Council (\~
Patrick Goff, City ManagerW
Gerald Dahl , City Attorney
April 30, 2014
Attachments to Xcel Energy Light Poles
On May 8 , 2012 , the City received a letter from Rob Osborn from Xcel and a "2012
Changes to Xcel Energy's Outdoor Lighting Attachment & Banner Policy'' document
(Attachment 1 ). The new policy required , as of December 31 , 2012 , that all attachments
such as banners , advertisement materials , flags and other non-police equipment to Xcel
light poles and distribution facilities would have to be removed. Police equipment was
defined as attachments associated with police and fire safety activities.
The City has historically attached banners on Xcel light poles along the 38th A venue
corridor from Wadsworth to Harlan. The City owns the pedestrian lights from Harlan to
Sheridan so we are still able to hang attachments to these facilities without Xcel's
approval. The Applewood Business Association has also historically attached American
flags to Xcel facilities along the Y oungfield Street corridor.
As the City continues to revitalize its commercial corridors, the ability to attach banners ,
flags and advertisements or to hang flower pots to utility poles is an important aspect in
marketing and branding the community from both the private and public sectors'
perspective. In addition to the 38111 A venue corridor, the City may want to utilize Xcel
facilities along other corridors such as 291h, 32"d or 44th for these purposes in the future.
Many other communities in the Denver metro area also agreed and in 2013 a consortium
of these cities formed to negotiate a compromise to Xcel's new policy. Attachment 2 is a
summary from Xcel of the approach to these negotiations.
After months of negotiations with Xcel , the consortium of cities was unable to finalize an
agreement with Xcel that would appeal to a majority, if any, of those cities who had been
involved in the negotiations . Xcel proposed a "last and best" agreement which still
contains several stipulations that are of concern of the City (Attachment 3).
The primary objections to the proposed Xcel Agreement are:
1. Insurance and Indemnity -Section 7(b) -The language proposed by Xcel would
have resulted in CIRSA members being out of compliance with their obligations.
Municipalities do not insist upon a unilateral right to increase Xcel 's coverage in
franchise agreements, and it is not appropriate here.
2. Compliance with Laws -Section 9(c)-There is unifonn agreement among
municipal attorneys that we cannot contract away a governing body's police
power authority.
3. General Provisions -Section 14(d)-If a municipality agrees to the first option in
Section 7(a) it is agreeing to indemnify to the extent permitted by law . That
means we are deferring a detennination of that issue to a later date. Municipalities
are NOT taking the position that they are legally permitted to indemnify. We
cannot make that representation here.
In addition, Section 7(a) of the Agreement states that,
The City will not conduct any activities related to the attachment, maintenance or
removal of Ornamental Pole Attachment with City employees. City will conduct
all activities relat ed to the attachment, maintenance or removal of Ornam ental
Pole Attachments through Qualified Contractors who have executed the form of
Contractor Agreement.
At this time , staff is unsure if a contractor can be hired that will agree to the form of the
Contractor Agreement.
Council has several options to consider in moving forward :
1. Agree to the draft Joint Use Agreement proposed by Xcel as written. Xcel is
unwilling to accept any amendments to the Agreement. Would require the City to
find a contractor that would agree to the Xcel Contractor Agreement.
2. Consider purchasing the Xcel facilities which would allow the City to attach items
at its own discretion. The City requested prices from Xcel to purchase their
facilities on December 5 , 2012 . We received an initial response from Rob Osborn
on December 12, 2012 but have not received direct answers to our inquiries
(Attachment 4).
3. Adopt a similar ordinance such as Section 16-2-20 of the Northglenn Municipal
Code to require joint use of utility facilities in City rights-of-way (Attachment 5)
The City ofNorthglenn has also adopted a similar ordinance .
4. Do nothing and only attached items to City owned facilities.
ATTACHMENTS:
1. Letter from Rob Osborn, Xcel, dated May 8, 2012 and "2012 Changes to Xcel
Energy's Outdoor Lighting Attachment & Banner Policy"
2. Xcel summary of approach to negotiations
3. Draft Joint Use Agreement Regarding Street Light Poles Owned by Public
Service Company of Colorado
4. Letter from City to Xcel requesting pricing ofXcel facilities, dated December 5,
2012 and response email from Rob Osborn dated, December 12,2012.
5. City ofNorthglenn, CO Municipal Code Section 16-2-20
fl Xcel Energy•
I E I P 0 II S I I L E I Y II AT U I E• .
May 8, 2012
Patrick Goff
City Manager, Wheat Ridge
7500 W 29th Ave .
Wheat Ridge, CO 80033
Dear Patrick Goff:
Re : Attachments to Xcel Energy Ught Poles
Robert J. Osborn , Esq.
DlrKtor -Community RMiklns
Public Service eom,.ny o1 Colorado
1800 Larime r St~MI , SUite 1~
Denver. CO 80202
1 am writing to update you on a growing issue that is creating safety concerns for Xcel Energy as it
relates to the attachment of banners, advertisement materials, flags , and other non-police equipment
to our light poles and distribution facilities.
Xcel Energy is committed to helping the communities we serve by enhancing their business and
shopping districts. However, Xcel Energy must balance our commitment to the cities ' goals with
safety concerns we have with the installation of non-tariff-approved police attachments on our
facilities . Safety is a primary concern of Xpel Energy and the use of our facilities for purposes other
than policing the publ ic right of ways is not consistent with our tariffs or our franchises . Because of
the growing interest from the public to use our facilities for attachments , that they were never
designed to hold or contemplated for such use , Xcel Energy can no longer permit or approve the
i nstallation of banners , flags, decorations, or other non -permitted attachments on our facilities .
Please see the attached informational sheet regarding this matter for reference . This has been
prepared to provide you with a general overview of the issue and why Xcel Energy is taking steps to
adhere to our tariffs , subsequently not permitting the use of our facilities for non police attachments .
Please note that when we reference •non-police attachments• in this letter, we mean any uses that
are not permitted by our tariffs .
While we understand that this news may concern you , we wish to extend our comm itment to you as
our customer to work with you and hopefully assist you with the development of your own banner
program in your community that is consistent with our tariffs , your local ordinances , and maintaining
public safety. As such , I am available to meet with you and members of your staff or community to
further discuss this development at your convenience . If you wish to arrange a meeting with me to
discuss this matter, please contact my assistant, Barbra Hamblin , at (303) 294-2788 and she will
make sure I am able to visit with you . If you wish to discuss this with me over the phone , I can be
reached at my office (303) 294-2873 or on my mobile phone at (303) 437 -0668 .
Best wishes ,
~
2012 Changes to Xcel Energy's Outdoor Lighting
Attachment & Banner Polley
While Xcel Energy has allowed cities and other groups to attach banners to our street lighting and
distribution poles, we have had a tariff in place since the 1950s that specifically bans attachments
that are not related to police use . By police use, we mean permitted attachments under our tariffs
that are associated with police and fire safety activities, with such attachments being defined in this
policy as Pollee Attachments .· Our tariffs are approved by the Colorado Public Utilities Commission
(PUC) and are on file with the PUC.
For safety reasons, and to be in compliance with the tariff, the company cannot continue to allow the
installation of non-Police Attachments on our streetlight and distribution poles . Effective December
31 , 2012, all attachments that are not Police Attachments must be removed from all Xcel Energy
facilities . We selected this date to give cities and jurisdictions adequate time to fulfill their annual
planning and use banners and also allow adequate time to remove their attachments.
Polley between May 30-December 31,2012
• We will honor arrangements for banner attachments with organizations that have historically
used our streetlights and distribution poles ; provided, the last day to install any new
attachments is September 1, 2012. However, groups and cities will need to submit their
request to attach banners no later than July 30 , 2012 , to allow time for Xcel Energy to
perform safety inspections of the requested streetlight poles to determine if they may be
used . All requests also will have to conform to all company policies , Including insurance
requirements . All attachments , including banner arms, must be removed by December 31,
2012.
• Aside from this one accommodation, no attachments proposed for locations that have not
been previously approved can be installed or expanded during the period from now through
December 31 , 2012
How attachments started on streetUghts
Historically our distribution facilities (commonly referred to as power or telephone poles) lined most
streets in the communities we served . They provided power services and/or phone services to our
customers and telephone company customers . As these distribution lines went from being overhead
to being buried, we installed streetlight poles where those lights previously were on distribution
poles . Over time communities asked to install Police Attachments on these streetlights . The
migration of non-Police Attachments (banners and holiday decorations) to our streetlight poles
followed .
Tariff terms govern pole attachments
Our tariff specifically restricts any attachments (except Police Attachments) to our streetlights and
facilities . The franchises we have with our communities Integrate the tariffs by reference, and have
provisions that allow or deny attachments (police and non-police) based on safety concerns .
The company is concerned about the public's safety and by limiting non-Police Attachments on our
streetlights is one way we can manage the safety of our streetlight system . That's why we are no
longer allowing illegal , unpermitted attachment of banners and signs to our facilities.
Tfmellne to comply with tariff
We understand that some campaigns already may be planned that include attaching banners to our
facilities . That's why we are setting September 1 , 2012, as the last day for any new attachments to
be installed . However, we need to receive requests to attach banners by July 30, 2012 so we have
lead time to perform safety inspections.
All attachments. including the arms , must be removed by December 31, 2012 . After that date any
remaining attachments will be removed by Xcel Energy at the jurisdiction's expense.
Alternatives seen In other communities
We have spent a considerable amount of time thinking of how advertising and branding campaigns
can be accomplished in the public rights of way on non-Xcel Energy facilities . Here are some options
cities and communities may want to consider:
• Install "banner-only" poles: Installing and designating banner-only poles provide a permanent
space for these attachments. Such poles would be engineered to handle stresses that attachments
can place on poles.
• Consider having your community buy a section of streetJights: By buying a small section of
streetlights, which your jurisdiction also would be responsible for maintaining and upgrading as
needed to support attachments, you would not be subject to our tariff. This provides an opportunity
for your city to find out if It would like to purchase more lights. However, purchasing a section of
streetlights would be subject to the terms of our tariffs, including such requirements as buying a
minimum number of poles to be , the purchaser paying certain costs, and the removal of other loads
from the electric system , among other tariff issues.
• Explore having a Business Improvement District (BID) construct or buy a section of
streetlights: Similar to the suggestion above, a Business Improvement District (BID) could purchase
the streetlights within their district. The group would be responsible for maintaining and upgrading
the lights to support attachments , but the BID would not be subject to our tariff (although the
purchase process would be subject to tariff terms).
• Explore developing a franchised banner I advertising program with the city: This allows the
city to have a third party install , maintain , and provide banner services throughout the community on
banner-only poles . The city has the opportunity to develop a revenue return for the franchised
operator who provides these services for the use of the public right of way (ROW).
xc:elenergy .com I C 2012 Xce l Energy Inc I Xce l Energy is a reg istered trademartt of Xcel Energy Inc . I Public Service Company of
Colorado , an Xcel Energy Company
JOINT USE AGREEMENT REGARDING STREET LIGHT POLES
OWNED BY PUBLIC SERVICE COMPANY OF COLORADO
This JOINT USE AGREEMENT REGARDING STREET LIGHT POLES OWNED
BY PUBLIC SERVICE COMPANY OF COLORADO ("Agreement") is entered into and
effective as of the __ day of 2013 ("Effective Date"), by and
between Public Service Company of Colorado, a Colorado corporation ("PSCo"), and
---------------------------------("City").
RECITALS
A. PSCo owns certain street light poles located within the boundaries of the City described
on Exhibit A, attached hereto and incorporated by this reference (the "Poles");
B. City has requested permission from PSCo to attach ornamental banners, planters, way
finding signs (e.g. "historic district next right"), holiday lights and other seasonal
decorations, meeting the criteria in the Specifications defined below (each an
"Ornamental Pole Attachment"), to the Poles;
C. The use of the Poles for Ornamental Pole Attachments is undertaken as part of the
operations of the City;
D. PSCo is willing to grant permission to City for this purpose, subject to the terms and
conditions stated in this Agreement;
E. Ornamental Pole Attachments are not included as or a part of electric service under the
Company's electric tariff including street lighting service; and
F. This Agreement is entered into to set forth the process and standards for the temporary
attachment of Ornamental Pole Attachments to the Poles.
AGREEMENT
1. License.
(a) PSCo hereby grants City a license, for the Term (defined below), to attach Ornamental
Pole Attachments to the Poles, subject to compliance by the City with the terms and
conditions of this Agreement. This Agreement does not create a lease, easement or other
real property interest. Nothing contained in this Agreement shall be deemed or construed
to create a partnership or joint venture of or between PSCo and City, or to create any
other relationship between the parties other than that of licensor and licensee.
(b) The license granted by this Agreement does not include electricity to power any holiday
lights or other aspect of an Ornamental Pole Attachment. Electricity for Ornamental Pole
Attachments shall be supplied by PSCo, subject to and in accordance with PSCo's tariff
on file with the Colorado Public Utilities Commission, as amended from time-to-time.
(c) The license to attach an Ornamental Pole Attachment to any particular Pole may be
revoked by PSCo: (i) on twenty (20) days notice if the City is in default of any provision
of this Agreement; and (ii) without notice if any Ornamental Pole Attachment interferes
1
with PSCo's operation of any Pole for street lighting purposes or if deemed prudent by
PSCo for the protection of its Poles because of occurring or forecast weather conditions,
including wind.
2. Ornamental Pole Attachment Criteria
(a) The size, type , material and all other aspects of each Ornamental Pole Attachment and the
method of attachment of the Ornamental Pole Attachment to any Pole must at all times
comply with specifications that may be adopted from time to time by PSCo (the
"Specifications"). PSCo reserves the right , without approval from City, to rescind ,
supplement and amend the Specifications at any time. The Specifications as of the
Effective Date are attached hereto as Exhibit B. At any time, PSCo may notify the City,
in writing, of revisions to the Specifications. Thirty (30) days after PSCo provides such
notice, the Specifications, as revised, shall be observed and complied with, by the City
with respect to existing and future Ornamental Pole Attachment attachments .
(b) PSCo does not approve or endorse any content or message on any Ornamental Pole
Attachment.
3 . Attachment and Removal of Ornamental Pole Attachments.
(a) The City shall not install an Ornamental Pole Attachment to a Pole if, when considered in
combination with other attached items, e .g . other Ornamental Pole Attachments, City
street signs, traffic control signs, cameras, or overhead wires, the specified limits for such
Pole defined in Exhibit B will be exceeded.
(b) The City shall not interfere with PSCo's use of the Poles for their intended purpose,
including that of street lighting, at any time during the installation, operation or removal
of Ornamental Pole Attachments.
(c) Attachment and removal of Ornamental Pole Attachments from Poles shall be done
without expense to PSCo.
(d) The City shall remove Ornamental Pole Attachments from Poles as follows: (i) all
Ornamental Pole Attachments shall be removed prior to the expiration or termination of
the Term of this Agreement or (ii) any particular Ornamental Pole Attachment(s) shall be
removed within three (3) business days after the revocation of the license for any such
Ornamental Pole Attachment(s). Notwithstanding the foregoing, in the event that PSCo
revokes the license for any Ornamental Pole Attachment because it interferes with
PSCo's use of the Pole or because of inclement weather, PSCo may remove the
Ornamental Pole Attachment, without notice, and without liability to the City or any other
person, except for injury or damage to persons or property caused by the sole negligence
or willful misconduct of PSCo.
(e) Any Ornamental Pole Attachment that is not removed by the City as required by this
Section 3 may be removed and disposed of by PSCo , without liability to any person, and
2
at the expense of the City. PSCo will use commercially reasonable efforts to return the
removed Ornamental Pole Attachment to the City. PSCo's removal, handling and
transportation of an Ornamental Pole Attachment will not create a bailment and PSCo
will have no liability to the City or any other person for any loss or damage to the
Ornamental Pole Attachment as a result of the removal, handling or transportation
activities.
(f) City will not attach any Ornamental Pole Attachment to a street light pole owned by
PSCo that is not included on the list of Poles contained on Exhibit A, as it may be
amended as provided herein, nor will the City issue a permit allowing any third party to
do so.
4. Damage to Poles. City shall pay for PSCo to repair damage to any Pole which arises out
of, or results from, the installation, maintenance or removal of any Ornamental Pole
Attachment from any Pole. City shall promptly report to PSCo, in writing, the occurrence
of damage to any Pole occasioned by the City's use of the Poles, or otherwise observed
by the City.
5. No Cost to PSCo. Whenever, in this Agreement, anything is to be done or performed by
the City, it shall be done or performed at no cost to PSCo.
6. Inspection and Monitoring.
(a) PSCo may perform inspection and testing of any Pole at any time, and may monitor any
activities of the City in connection with the installation, maintenance or removal of any
Ornamental Pole Attachment. Notwithstanding the foregoing, PSCo will have no duty to
inspect or test Poles or to monitor any activities conducted by City. Any inspection,
testing or monitoring by PSCo is for the sole benefit ofPSCo and shall not create any
duty, or obligation to the City or any other person or entity and the City hereby releases
PSCo from all claims arising out of the use of the Poles. No permission by PSCo for the
attachment of any Ornamental Pole Attachment will constitute a representation or
warranty by PSCo as to the adequacy of the Pole to support any Ornamental Pole
Attachment, or the conformity of the proposed attachment with any applicable codes or
laws. Any such permission will merely be the consent of PSCo to the attachment of the
Ornamental Pole Attachment(s) pursuant to the terms of this Agreement. No failure by
PSCo to object to the attachment of any Ornamental Pole Attachment made in violation
of this Agreement shall constitute a waiver of its right to remove, or object to such
Ornamental Pole Attachment.
(b) IfPSCo, in its discretion, determines that any Pole is not suitable for Ornamental Pole
Attachments, because of damage, condition, the presence of additional attachments, or
other reason, PSCo may withdraw such Poles from this Agreement by giving notice to the
City designating the Poles being withdrawn. Thirty (30) days after such notice is given,
Exhibit A shall be deemed automatically amended to remove the Poles designated by
PSCo in such notice. Within such thirty (30) day period, the City shall remove any
Ornamental Pole Attachments on such Poles, subject to the terms of Section 3.
3
7. Insurance and Indemnity.
(a) [The City shall be responsible for, and to the extent permitted by law, City agrees to
defend , indemnify and save PSCo, its officers, agents and employees harmless from and
against, any and all loss, expense, damage, injury, liability and claims therefor, resulting
directly or indirectly from or out of the attachment, maintenance or removal by the City of
Ornamental Pole Attachments or the use or exercise by City of the rights granted
hereunder, including, without limitation, claims for injury or death to employees or
subcontractors, claims arising from, alleged to arise from, or related to , any injury
allegedly or actually occurring, relating to the effects of electromagnetic fields , stray
current or induced current, and any and all loss, expense, damage, injury, liability and
claims of any other person, however caused.] OR
[The City shall be responsible for any and all loss , expense, damage, injury, liability and
claims therefor, resulting directly or indirectly from or out of the attachment, maintenance
or removal by the City of Ornamental Pole Attachments or the use or exercise by City of
the rights granted hereunder, including, without limitation, claims for injury or death to
employees or subcontractors, claims arising from , alleged to arise from , or related to , any
injury allegedly or actually occurring, relating to the effects of electromagnetic fields ,
stray current or induced current. The City will not conduct any activities related to the
attachment, maintenance or removal of Ornamental Pole Attachments with City
employees. City will conduct all acti v ities related to the attachment, maintenance or
removal of Ornamental Pole Attachments through Qualified Contractors who have
executed the form of Contractor Agreement attached hereto as Exhibit C prior to
commencing work. For the purpose of this Agreement, "Qualified Contractor" means
an individual or non-governmental entity with adequate experience and financial
capabilities to perform the required work and satisfy the indemnity obligations imposed
by this Agreement, and possessing valid licenses and certifications required by law or
which are customary for the type of work being performed. The City's use of a Qualified
Contractor will not relieve it of its responsibilities set forth in this Section 7.]
(b) During the longer of the time that any Ornamental Pole Attachment(s) is attached to a
Pole, or the expiration or termination of this Agreement, the City will maintain general
liability and auto liability insurance and will cause PSCo to be named additional insured
under such policy/policies. Insurance required to be maintained by the City under this
Agreement will be for no less than the coverage and limits set forth in Exhibit D-1
attached hereto, provided if the City is insured through CIRSA, the coverage and limits
will be as set forth on Exhibit D-2. The liability of City is not limited to available
insurance coverage. The dollar amount of required insurance coverage is subject to review
by PSCo at the end of each three (3) year period following the Effective Date. Following
such review, PSCo may notify the City, in writing, of reasonable increased requirements .
Thirty (30) days after such notice, this Agreement shall be deemed automatically amended
to reflect the modified amount of required insurance coverage.
4
(c) City accepts the Poles "AS IS" without any obligation ofPSCo to construct, alter, or
improve any Poles, and without any express or implied warranties of any kind, including
any warranty or representation of fitness for a particular purpose or any use. All
materials, equipment, work, and installations of any nature brought upon or installed on
the Poles by or on behalf of City shall be at the risk of City. Neither PSCo nor any party
acting on PSCo's behalf shall be responsible for any damage or loss or destruction of
Ornamental Pole Attachments, arms or any other equipment or items brought to or
installed on the Poles and City hereby releases PSCo from all claims arising out of loss,
damage or destruction of such items.
(d) City shall keep the Poles free from any liens arising from work performed, materials
furnished, or obligations incurred by or at the request of City or its permittees. If any lien
is claimed against the Pole as a result of the acts or omissions of City, or City's
employees, agents, contractors, or permittees, City shall discharge the lien or bond the
lien in a manner reasonably satisfactory to PSCo within thirty (30) days after City
receives written notice that a lien has been claimed. If City fails to discharge or remove
the lien within the thirty (30) day period, City shall pay to PSCo on demand the actual
amount paid by PSCo for the discharge or satisfaction of any such lien, and all reasonable
attorneys' fees and other legal expenses ofPSCo incurred in defending any such action or
in obtaining the discharge of such lien.
(e) Notwithstanding any provision of this Agreement, the parties understand and agree that
the City has not waived the applicable rights, immunities and protections provided by the
Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et ~.,as it may be amended
from time to time.
8. No Third Party Beneficiary; Assignment and Sublicensing.
(a) Nothing in this Agreement shall be deemed to be a gift or dedication of any Pole, portion
thereof, or interest therein, to the City, the general public, or for any public use or purpose
whatsoever. Except as herein specifically provided, no right, privileges or immunities of
PSCo or the City shall inure to the benefit of any third-party nor shall any third-party be
deemed to be a beneficiary of any of the provisions contained herein. Nothing herein
contained shall be construed to compel PSCo to maintain any Poles for a period longer
than dictated by its own service requirements.
(b) City may not assign, transfer, or encumber this Agreement, or any portion thereof nor
shall any assignment or transfer of this Agreement be effectuated by operation of law or
otherwise (any of the foregoing being hereinafter referred to as an "Assignment"). Any
Assignment or attempted Assignment by City will terminate this Agreement (subject to
the survival provisions set forth in Section 13(d) below). City shall not permit or allow
the use of the Poles by any other person or entity except for a Permittee in accordance
with subsection 8(c) below.
(c) City may permit use of the Poles by third parties (a "Permittee") in strict compliance
with this Agreement, provided that prior to any use of the Poles by or on behalf of any
5
Permittee, the City delivers to PSCo an Assumption Agreement in the form attached
hereto as Exhibit E executed by the Permittee, along with evidence that the Permittee
maintains insurance coverage in accordance with Exhibit D-1, naming PSCo as an
additional insured . The insurance required under this subsection 8(c) shall be maintained
during the entire period of use of the Pole by the Permittee. A default by any Permittee
shall be a default by City under this Agreement. No delegation of rights by City will
release or limit its obligations under the Agreement.
9 . Compliance with Laws.
(a) The City shall bear the sole obligation of obtaining such other authority or rights as the
City may need in addition to the rights provided in this Agreement for the installation ,
operation and removal of Ornamental Pole Attachments and use of the Poles. City shall
apply for all permits and other governmental approvals necessary for City to attach ,
maintain , and remove the Ornamental Pole Attachments from Poles .
(b) PSCo shall apply for all permits of general application necessary for any work it
undertakes in connection with this Agreement, provided that any cost or expense incurred
by PSCo in connection with the application for such permits , including without
limitation , permit fees , shall be waived by the City.
(c) The terms of this Agreement supersede any City ordinance or regulation relating to the
use of Poles for Ornamental Pole Attachments .
10 . No Waiver. The failure ofPSCo to insist upon strict performance of any of the terms ,
covenants or conditions hereof shall not be deemed a waiver of any rights or remedies
PSCo may have hereunder, at law or in equity, and shall not be deemed a waiver of any
subsequent breach or default in any of such terms, covenants or conditions. No waiver by
PSCo of any provision of this Agreement shall be effective or binding on PSCo unless
made in writing by an authorized representative of PSCo and no such waiver shall be
implied from any omission by PSCo to take action in respect thereto. No express written
waiver shall affect any other default or provision ofthis Agreement, nor cover any other
period of time other than as specified in such express waiver.
11 . Authority . PSCo and the City each represent and warrant to the other that the person
executing this Agreement on its behalf has been fully empowered to execute and deliver
this Agreement and that it possesses the legal authority to enter into this Agreement and
that it has taken all actions required by its procedures , by-laws , and/or applicable law to
exercise that authority, and to lawfully authorize its undersigned signatory to execute this
Agreement and to be bound to its terms.
12. Term.
(a) This Agreement shall have an initial term ("Term") often (10) years from the Effective
Date.
(b) Upon the expiration of the initial term , the Term ofthis Agreement shall automatically
renew for additional terms of one (1) year, provided following the initial Term , either
6
party may terminate this Agreement at any time by giving no less than thirty (30) days
written notice to the other party.
(c) Notwithstanding any other provision of this Agreement which may be interpreted to the
contrary, PSCo may terminate this Agreement at any time during the Term if it
reasonably determines that the use of the Poles for Ornamental Pole Attachments is
inconsistent with engineering, safety or operational standards. Termination will be
effective thirty (30) days after PSCo delivers written notice to the City stating with
reasonable specificity the engineering, safety or operational issue.
13. Notices. Any notice, consent, request or other communication required or permitted to
be given under this Agreement shall be in writing and shall be deemed given: (i) when
delivered personally, or (ii) on the first business day that is three (3) days following
mailing by certified or registered mail, return receipt requested, postage prepaid, or
(iii) the next business day after dispatch by a nationally recognized overnight delivery
service, in any event, addressed to the party's address as follows:
If to City:
If to PSCo:
with required copy to: Xcel Energy
1800 Larimer Street, Suite 1100
Denver, CO 80202-5534
Attention: Legal Department
or to such other address as such party, by ten (1 0) days prior written notice given as
herein provided, shall designate, provided that no party may require notice to be sent to
more than two (2) addresses. Any notice given in any other manner shall be effective
only upon receipt by the addressee.
14. General Provisions.
(a) Nothing herein contained shall be construed as affecting the rights or privileges
previously granted by PSCo, by contract or otherwise, to others not parties to this
Agreement, to use any Pole covered by this Agreement, and PSCo retains the right to
continue, extend, and grant such rights or privileges. The attachment privileges herein
granted shall at all times be subject to such existing and future contracts and
arrangements.
7
(b) This Agreement incorporates all agreements and stipulations between PSCo and City as
to the attachment of Ornamental Pole Attachments to Poles and no prior representations,
course of conduct, or statements , verbal or written, shall modify, supplement or change
the terms of this Agreement.
(c) This Agreement shall be governed by and construed in accordance with the laws ofthe
State of Colorado , without giving effect to principles of conflict of laws. This Agreement
is subject to the terms ofPSCo's tariff on file with the Colorado Public Utilities
Commission , as amended from time-to-time.
(d) The City's covenants , agreements, releases and indemnity obligations shall survive the
expiration or termination of this Agreement.
(e) Time is of the essence ofthis Agreement.
(f) The title and section headings contained in this Agreement are for purposes of reference
only and shall not limit or define the meaning of any of the terms or provisions hereof.
The exhibits referenced in this Agreement, as the same may be amended as provided
herein , shall be deemed incorporated into this Agreement in their entirety.
PUBLIC SERVICE COMPANY OF COLORADO
Signature:-----------------
Name (printed or typed): __________ _
Title ---------------------
CITY:
Signature:------------------
Name (printed or typed): __________ _
Title:
8
EXHIBIT A
IDENTIFICATION OF POLES
9
EXHffiiTB
SPECIFICATIONS
10
EXHffiiTC
CONTRACTOR AGREEMENT
This Contractor Agreement is executed as of , by the undersigned
("Contractor") for the benefit of Public Service Company of Colorado, a Colorado corporation
("PSCo").
I. Contractor has been hired by the City of (the "City") to attach, maintain
or remove an Ornamental Pole Attachment to a Pole ("Work") in connection with the
City's exercise of its rights under that certain Joint Use Agreement Regarding Street
Light Poles Owned By Public Service Company of Colorado (the "Agreement") entered
into between PSCo and the City. Capitalized terms used herein and not otherwise defined
shall have the meanings given in the Agreement.
2. PSCo's agreement to allow the use of its Poles for Ornamental Pole Attachments by the
City pursuant to the Agreement, and to permit Contractor to access Poles for the Work is
conditioned on Contractor providing this Contractor Agreement to PSCo. The Contractor
acknowledges and agrees that it has a copy of the Agreement and has reviewed same.
3. As used herein "Claims" means: any and all loss, expense, damage, injury, liability or
claims, whether in law or equity , of any person or entity, however caused, resulting or
alleged to result, directly or indirectly from or out of the Work, Contractor's presence at
or use of the Poles, and its activities related to the Poles or Ornamental Pole Attachments,
including, without limitation, claims for injury or death to employees or subcontractors of
Contractor or the City, claims arising from, alleged to arise from, or related to, any injury
allegedly or actually occurring, relating to the effects of electromagnetic fields, stray
current or induced current.
Now therefore, in consideration of the agreements ofPSCo referenced herein and other good
and valuable consideration, the receipt and adequacy of which is hereby acknowledged,
Contractor hereby releases, waives and discharges PSCo, its affiliates, agents, contractors and
employees, and successors and assigns under the Agreement, from any and all liability of any
kind whatsoever for any and all Claims, and Contractor hereby agrees to defend, indemnify and
save PSCo, its officers, agents and employees harmless from and against liability for any and all
Claims, including without limitation, fines, penalties, costs, attorneys' fees, damages, actions, or
responsibilities imposed upon or incurred by PSCo, along with attorneys' fees incurred by PSCo
in connection with the enforcement of this Contractor's Agreement. Further, Contractor agrees
to purchase and maintain general liability insurance covering its obligations under this Contractor
Agreement, in accordance with the provisions of Exhibit D-1 of the Agreement, naming PSCo as
an additional insured.
Contractor:
Signature: ________________________________ __
Name (printed or typed): __________ _
Title ---------------------------------------
11
EXHIBITD-1
INSURANCE REQUIREMENTS
1. City and its contractors, subcontractors and consultants (collectively "City") shall purchase and
maintain the insurance coverage listed below and City shall provide evidence of all such
insurance to Public Service Company of Colorado, a Colorado corporation ("PSCo") upon the
execution of this Agreement , but in all events prior to any Ornamental Pole Attachment being
attached to a Pole (the "Work"). Such insurance shall be as specified below and all insurance
companies shall be rated A-7 or better by A.M. Best rating services , and for coverage not less
than:
a . Worker's Compensation at statutory limits for the state of hire or operations.
b. Employer's Liability, including other state 's insurance and voluntary compensation, as
follows: Bodily Injury Limits by Accident at one million dollars ($ 1 ,000 ,000) per accident ;
Bodily Injury Limits by Disease at one million dollars ($ 1 ,000 ,000) policy limit and Bodily
Injury by Disease at one million dollars ($ I ,000 ,000) per employee .
c . Commercial General Liability, including Products and Completed Operations and
Property Damage Liability on the CG 20 33 (10 01) and CG 20 37 (1 0 01) or equivalent on an
occurrence form, with limits of not less than two million dollars ($2 ,000 ,000) per occurrence and
ten million dollars ($10 ,000 ,000) in the aggregate, which can be achieved with a combination of
General Liability and Umbrella Limits . Umbrella or Excess must name PSCo as an additional
insured.
d. Commercial Automobile Liability, with a combined single limit of not less than one
million dollars ($1 ,000 ,000), including , but not limited to , coverage for : owned vehicles , non-
owned vehicles, and hired vehicles .
e . contractual liability to cover liability assumed under the foregoing agreement.
2. All dollar amounts of coverage set forth above shall be per occurrence . The policies described
herein shall (i) be endorsed to show that the insurers waive subrogation against PSCo, its
Affiliates , directors , officers and employees, (ii) written so that the insurance is primary and non-
contributory (iii) contain Additional Insured Status on Commercial General Liability, and
Commercial Automobile Liability.
3. Certificates of insurance acceptable to PSCo shall be filed with PSCo prior to commencement of
the Work, and each renewal period for the Work. These certificates shall contain a provision that
in the event coverage afforded under the policies are canceled or materially change/altered , the
insurer will provide thirty (30) days written notice to PSCo. Notwithstanding the foregoing , City
has a continuing obligation to provide the insurance coverage described herein and none of the
insurance required herein shall be canceled , or allowed to lapse until the City's obligations under
the Agreement have been completed. Notices shall be sent to PSCo at the following address:
4. Insurance specified herein shall be minimum requirements and City is responsible for providing
any additional insurance deemed necessary to protect the interests of both City and PSCo from
other hazards or claims in excess of the minimum coverage. The liability of City is not limited to
available insurance coverage.
12
EXHIBITD-2
COVERAGE LIMITS
13
EXHIBIT E
ASSUMPTION AGREEMENT
This Assumption Agreement is executed as of , 20 __ by the undersigned
("Permittee") for the benefit of Public Service Company of Colorado, a Colorado corporation ("PSCo").
1. Permittee has requested permission from the City of (the "City") to attach,
maintain and remove an Ornamental Pole Attachment to a Pole as a Pennittee of City under that
certain Joint Use Agreement Regarding Street Light Poles Owned By Public Service Company of
Colorado (the "Agreement") entered into between PSCo and the City. Capitalized terms used
herein and not otherwise defined shall have the meanings given in the Agreement.
2. PSCo's agreement to allow the use of its Poles for Ornamental Pole Attachments by the City
pursuant to the Agreement , and PSCo's consent to Permittee's use of the Poles, is conditioned on
Permittee executing and delivering this Assumption Agreement to PSCo prior to any use of the
Poles by Permittee.
3 . As used herein "Claims" means: Any and all Joss, expense, damage, injury, liability or claims,
whether in law or equity , of any person or entity , however caused, resulting or alleged to result,
directly or indirectly from, out of, or related to the attachment, maintenance and/or removal of
any Ornamental Pole Attachment by or on behalf of Permittee, including, without limitation,
claims for injury or death to employees or subcontractors of Contractor or the City, claims
arising from, alleged to arise from, or related to , any injury allegedly or actually occurring,
relating to the effects of electromagnetic fields , stray current or induced current.
Now therefore, in consideration of the agreements of PSCo referenced herein and other good and
valuable consideration, the receipt and adequacy of which is hereby acknowledged , Permittee hereby:
A. Acknowledges receipt of a true and complete copy of the Agreement;
B. Assumes and agrees to be bound by each of the terms and conditions of the Agreement which
are applicable to the City;
C . Acknowledges that it has acquired no rights in the Poles or rights to enforce any provisions
of the Agreement against PSCo;
D . Releases , waives and discharges PSCo, its affiliates, agents , contractors and employees , and
successors and assigns under the Agreement, from any and all liability of any kind
whatsoever for any and all Claims , and Permittee hereby agrees to defend , indemnify and
save PSCo , its officers, agents and employees harmless from and against liability for any and
all Claims, including without limitation, fmes, penalties, costs, attorneys' fees, damages,
actions , or responsibilities imposed upon or incurred by PSCo, along with attorneys' fees
incurred by PSCo in connection with the enforcement of this Assumption Agreement; and
E. Agrees to purchase and maintain commercial general liability insurance covering its
obligations under this Assumption Agreement in accordance with the terms of the Exhibit D-
~ of the Agreement, naming PSCo as an additional insured .
Permittee:
Signature:------------------
Name (printed or typed):-----------
Title --------------------------
14
~A~
... ' ., City of
.. ~WlieatRi_dge ~P U BLIC WORKS
City of Wheat Ridge Municipal Building 7500 W . 29'b A ve . Wheat Ridge, CO 80033-8001 P : 303 .235 .2861 F: 303 .235.2857
December 5, 2012
Robert Osborn
Xcel Energy
1800 Larimer Street, Suite 1400
Denver, CO. 80202
RE: City of Wheat Ridge street light pole utilization
Dear Rob,
As requested in your December I , 2012letter, I have attached the list of power and street light poles that have been
used for seasonal banners and flags . Most of these poles are wood in composition. The City believes that the historic
use of these poles for hanging banners and flags did not compromise the integrity of the poles and did not create
safety concerns. Continued use of these poles is requested .
In further response to Xcel 's change in its banner policy, and suggested among options that would be considered by
Xcel , the City would consider acquiring a number of street light poles upon which it may desire to place banners.
Toward that end, and consistent with the Xcel's representations in its notification to the City, please provide the City
with the cost that the Xcel Energy Company would impose for the City to acquire the street lights as listed in the
second attachment. In addition , because the City is considering both acquisitions of full ownership of these street
lights as well as acquisition of a lesser interest, we would like to know the following :
• What is the Book Value of the street lights in question?
• What is the price of the pole only with no connecting wires or the luminaire?
• What is the cost for the City to acquire an easement to utilize the poles for the placement of banners, flags , flower
pots, and similar items?
The City would like to obtain this information no later than December 31 , 2012 and appreciates Xcel Energy
Company's prompt response to this request.
s~
J~:--
Timothy Paranto, P .E
Director of Public Works
cc: Patrick Goff, City Manager
Preston Gibson
www.cl.whea tridge.co.u s
Street Light Banner Attachment Request-Version 1
City Name: Wheat Ridge-Historic poles used
Rank Pole Grid Street Light Location Street Light Description (Manufacturer, style, part
# Number (street name & 2 cross-streets) #)
(if available) (if known)
6650 44th Ave
12651 38'" Ave
10041 26'h Ave
6815 44'" Ave
9707 44'" Ave
5135 Ward Road
3130 Y oungfield St
4895 Ward Road
12295 3200 Ave
10320 44'" Ave
8751 44'" Ave
7420 20'" Ave
4966 Ward Road
9475 44'" Ave
5040 Ward Road
6600 441h Ave
5301 38'" Ave
11498 38'" Ave
6700 38th Ave
7455 3200 Ave
1 0204 38'" Ave
10150 441h Ave
12405 38'" Ave
Street Light Banner Attachment Request-Version 1
City Name: Wheat Ridge-Historic poles used
9950 38m Ave
9345 44tn Ave
4100 Y oungfield St
7618 44tn Ave
11600 32"0 Ave
'
4036 Y oungfield St !
4746 Harlan St
9702 44m Ave
10111 26m Ave
12552 38tn Ave
44m Ave & Y oungfield St
8455 32 110 Ave
7645 38m Ave
699038m Ave
7400 29m Ave
11680 44tn Ave
6365 44m Ave
11940 38m Ave
11300 38th Ave
4501 Harlan
860144'" Ave
11930 44tn Ave
7043 38 10 Ave
6470 44th Ave
9455 32 110 Ave
Street Light Banner Attachment Request-Version 1
City Name: Wheat Ridge-Historic poles used
8410 44th Ave
9950 38th Ave
3500 Youngfield St
6206 38th Ave
10097 38th Ave
10201 26th Ave
7300 381h Ave
10500 44tn Ave
7890 38th Ave
6600 38th Ave
3210 Youngfield St
4460 Harlan St
7010 44 10 Ave
12607 32 00 Ave
4631 Harlan St
7105 44 1h Ave
4803 Ward Road
8550 38 1
h Ave I
4651 Harlan St J ---------
H•rtan Street -44th Avenue to Jnterstllte 70
Kipling Street ·44th Avenue to lnsterstate 70
927.776 3559 KIPLING ST
931 · 515 3621 KIPLING ST
930 .241 3697 KIPLING ST
918 .992 3745 KIPLING ST
W1dsworth Boulev1rd -26th Avenue to 48th Avenue
38th Avenue • Lutheran Parkway West to Sheridan Boulevard
Patrick Goff
From:
Sent:
To:
Cc:
Subject:
Attachments:
Tim ,
Osborn, Robert J <Robert .J.Osborn@xcelenergy.com >
Wednesday, December 12, 2012 2:11 PM
Tim Paranto
Patrick Goff; Gibson, Preston E; St eve Nguyen; Greg Knudson
RE : Street light pole use
street light pole letter 12 -5-12 .pdf
Thank you for your letter dated December 5 , 2012 .
I have forwarded your request to our operations department and they will work with the pole manufacturers to verify attachment capacities and initiate facility
inspections for the poles you have listed .
In our meetings with the City Managers, we are working in a comprehensive process to allow attachments , subject to some potential conditions, and ver ificat ions
with the manufacturers on pole capacities and through field integrity investigations . Our pos ition is that we need to confirm facility capacities in partnership with
the customers and the manufacturers to devise the most responsible solution with the safety of the communities we serve in mind .
With respect to your questions I offer the following .
'What is the book value of the streetlights in question?"
We have been working with other cities on requests like this and ou r goal is to clearly understand your needs. In addition , the energy only rate case established
the protocol for transferring or promoting new ownership of the streetlight system for our customers . In essence, the poles , conduit , conductor and other
equipment make the system up . The book value is dependent on age and expanse of the streetlight circuits and poles that you are interested in owning . The
asset values of the system include more than the poles . System separation is also required to provide customers with the streetlight assets . Separation design
and construction may also need to be addressed in developing a va lue for the system .
Theses issues were discussed in the energy only rate case . The energy only rate outlines that there will be points of system demarcation between our distribution
system and a customer owned streetlight system . Currently the systems have some intermingling that was intended to reduce the original construction costs of
these systems . The company did not design the systems independent of one another because we never anticipated having to sell parts of the system off.
The systems need to be separated now to process a request to transfer ownership to a customer. Per the ruling in the energy only rate case , the PUC ordered
the company to develop a case by case sale estimate wh ich they retained the right to review and approve. During the case, the company proposed a system
average asset sales approach . This approach was rejected by the Local Government Interveners counsel. We are required to design an estimate using records
from our corporate asset accounting, perform field verification of each part of the system , and include actual system separation design and construction . As you
can see the issue gets pretty complicated based on the order we rece ived from the PUC on how to develop the transfer of these assets .
1
I am asking that we have a meeting with your team and our corporate leadership who manages the outdoor lighting throughout the eight states we serve to discuss
the areas you have an interest in acquiring the streetlight system , and we can then take next steps in verifying the system values. Our meeting will help us
determine the timeframe to provide you with an estimate .
'What is the price of the pole only with no connecting wires or luminaire ?"
We do not have a pole by pole price for sale. As I outlined above we are required to sell the system . If you are interested in general pole costs in consideration of
building your own separate lighting system , you may wish to consult with some pole manufacturers directly. We can provide you with an estimate to provide the
connection of that system to our distribution system based on you needs . Perhaps you can clarify your interest?
'What is the cost for the City to acquire and easement to utilize the poles for the placement of banners, flags , flower pots, and similar items?"
At this time , the company has not fully considered an easement as a solution to the safety concerns we have regarding the multitude of types and sizes of non
police attachments that get placed across the state on our poles . This idea was mentioned briefly a few months ago as a possible option , but through
conversations with our city managers focus group , complexities in sharing liabilities , and inability for all cities to provide a method for insuring both the company
and cities , this idea fell out from the concepts we have focused on . I have asked CIRSA to assist in understanding shared liability, and I was informed recently
that they will not work directly with the company because we are not a member of their cooperative, but are working with their Cities on the issues associated with
ideas like this . I will bring this concept up again at the next city manager's meeting we are hosting and ask if the cities have advanced this, as the cities are the
ones who need to verify the insurance coverage . I do not believe the company has an interest in proceeding down this path as it seems very complicated in
comparison to the program we have been asked to develop through the city managers focus group as I outlined above .
Please advise dates and times you are available in the next two weeks for us to establish a meeting .
We greatly appreciate your help and look forward to working with you . I will keep you update on facility verifications and inspections as these progress.
Rob
Xcef Energy•
Robert J. Osborn, Esq.
Director, Community Relations
1800 Larimer Street, 14th Floor
Denver, CO 80202
PH 0 N E : 303-294-2873
CELL: 303-437-0668
FAX: 303-294-2915
IU,OIIIIIU aY IATUI£•
E-M A I L: robert .Losbom@xcelenerny .com
WWW .XCELENERGY.COM
Please consider the environment before printing this e-mail.
2
City of Northglenn Municipal Code
Section 16-2-20. City's Use of Trenches. Bores and Other Facilities Located in the Right-of-Way.
(a)
(b)
(c)
Should the City desire to place its own facilities in trenches or bores opened by a permittee,
the permittee shall cooperate with the City in any construction by the permittee that
involves trenching or boring provided that the City has first notified the permittee in writing
that it is interested in sharing the trenches or bores in the area where the permittee's
construction is occurring. The permittee shall allow the City to place its facilities in the
permittee's trenches and bores, provided that: the City incurs any incremental increase in
cost of the trenching and boring; the City's installation does not unreasonably delay the
permittee's work; and the City's facilities are used solely for noncommercial, City purposes.
The City shall be responsible for maintaining its respective facilities buried in the permittee's
trenches and bores. If requested by the permittee, the City shall have separate access
structures, and shall not use the permittee's access structures.
Every utility and every provider of similar service within the City, regardless of whether it
holds a franchise from the City, may be required by the City to permit joint use of its
facilities located in the streets, alleys, or other public places in the City, as such may be
reasonably practicable. Examples of such joint use may include, but are not limited to,
attachment of flags, banners, or similar signs announcing public events, holiday lights and
other decorative attachments, pedestrian or other traffic related safety signs, flashing
crosswalk lights, flower pots and baskets, and other similar attachments. Such use of said
facilities by the City shall not create a material negative impact on a private entity's
facilities or operations, and such use may only be considered when it can be accomplished,
at the City's discretion, in a manner that is protective of public health and safety. Nothing
contained herein shall limit the City's ability to enter into any other type of joint use
agreement with utility and other service providers owning facilities located in City streets,
alleys, or other public places.
The City may adopt standards for use by the City of a private entity's facilities in City streets,
alleys and other public places and shall apply such standards to all similarly situated
facilities; provided, however, that such standards may be modified where unusual conditions
indicate such a modification will allow for an adequate and safe utilization of such facilities.
(d)
(e)
(f)
f the utility or other service provider that is the owner of the facilities in the streets, alleys
or other public places objects to any proposed City use of such facilities, the City shall be
permitted to undertake a study to address the concerns raised by the facilities' owner.
( 1)
(2)
The owner of the facilities shall cooperate in providing the City any information
reasonably needed to study and respond to the facilities' owner's objections. For
purposes of this Section 16-2-20, an owner shall be deemed to have failed to cooperate
if it does not provide the City with any information reasonably requested within seven
(7) calendar days of a written request.
If the City provides information to the utility or other service provider which reasonably
demonstrates that its proposed use of the facility will not cause a material negative
impact on the utility or other service provider's facilities or operations and will not
negatively impact public health and safety, the facility owner shall allow the City's
proposed use, subject to any conditions reasonably necessary to insure that the use will
not cause the negative impacts described herein. Failure to make such facilities
available for City use as provided herein shall be a violation of this Chapter and subject
to the penalties set forth in Section 16-2-29 of this Chapter.
It shall be unlawful for any person, including any representative or contractor of a utility or
other service provider, to remove flags, banners, or similar signs announcing public events,
holiday lights and other decorative attachments, pedestrian or other traffic related safety
signs , flashing crosswalk lights , flower pots and baskets, and other similar attachments from
facilities located in the streets , alleys, or other public places in the City without receiving
advance written permission from the City Manager or the City Manager's designee.
In addition to addressing violations of this Section under Section 16-2-29 of the Northglenn
Municipal Code , if a facility owner fails to make its facilities available after the City has
provided the information described in this Section 16-2-20, the City Manager or the City
Manager's designee is authorized to withhold issuance of a building permit or any other
required permit sought by the facility's owner until arrangements have been made to the
City's satisfaction that the requested City use of the facilities in the streets, alleys, or other
public places is being provided.
[Source: Ord. 1381, 2004; 1635, 2012]
.... ~~~
.. r City of --~WheatB4_dge ~OFACE OF THE CITY MANAGER
Memorandum
TO: Mayor and City Council
Patrick Goff, City Manager ~ FROM:
DATE: April 28 , 2014 (for study session ofMay 5)
SUBJECT: Height and Density Charter Restrictions
On November 3 , 2009 , Wheat Ridge voters approved two ballot questions amending the
Wheat Ridge Home Rule Charter to exempt certain areas ofthe City from the height and
residential density limitations of Charter Section 5.1 0.1 (Attachment I). Both measures
passed with approximately 53% of the vote .
The areas exempted from the Charter restrictions are defined by the boundaries of the
following Wheat Ridge Urban Renewal Plans with certain exclusions (Attachment 2).
I . Wheat Ridge Town Center Project Urban Renewal Plan
2. Wadsworth Boulevard Corridor Redevelopment Plan
3. West 441h Avenue/Ward Road Redevelopment Plan
4. 1-70/K.ipling Corridors Urban Renewal Plan
a. Excluding the Appleridge Village Shopping Center and Kipling Street
south of 441h A venue
Those properties included in the 38 1h A venue Corridor Redevelopment Plan from
Wadsworth Boulev ard to Sheridan Boulevard and all other areas of the City were
excluded from the amendment to the Charter.
As we prepare to conduct a citywide poll of Wheat Ridge citizens to measure their level
of support for potential ballot questions this fall , staff would like further direction from
Council if the height and density charter restriction issue should be considered for the
November ballot.
ATTACHMENTS:
1. Ordinance No. 1452-2009
2. Map of Exempted Properties from the Charter Height and Density Restrictions
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER GOKEY
Council Bill No. 24
Ordinance No. --l.A.S.2
Series of 2009
TITLE: AN ORDINANCE SUBMITTING TWO BALLOT QUESTIONS TO
THE VOTERS OF THE CITY AT THE NOVEMBER 3, 2009
REGULAR MUNICIPAL ELECTION, TO AMEND THE WHEAT
RIDGE HOME RULE CHARTER TO EXEMPT CERTAIN _AREAS
OF THE CITY FROM THE HEIGHT AND RESIDENTIAL
DENSITY LIMITATIONS OF CHARTER SECTION 5.10.1
WHEREAS, pursuant to Charter Section 16.8 and C.R.S. 31-2-210, the City
Council of the City of Wheat Ridge, Colorado has the authority to refer ballot questions
amending the City's Home Rule Charter to the electorate; and
WHEREAS, the Council wishes to refer two (2) ballot questions amending the
Charter to exempt two (2) areas of the City from the Charter limitations upon building
height and residential density; and
WHEREAS, the Council wishes to set ballot titles for the same.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Ballot question referred and ballot title set.
The following ballot question is hereby referred -to the electorate of the City
at the November 3, 2009 regular municipal election:
SHALL SECTION 5.1 0.1 OF THE HOME RULE CHARTER OF THE CITY OF
WHEAT RIDGE, COLORADO, BE AMENDED BY THE ADDITION OF A NEW
SUBSECTION G, EXEMPTING THE FOLLOWING AREAS OF THE CITY FROM
THE LIMITATIONS OF THAT SECTION UPON BUILDING HEIGHT AND
RESIDENTIAL DENSIW: (1) THAT AREA DESCRIBED IN THE WEST 44TH
AVENUE/WARD ROAD REDEVELOPMENT PLAN, ADOPTED OCTOBER 22,
2001, AND (2) THAT AREA DESCRIBED IN THE 1-70/KIPLING CORRIDORS
URBAN RENEWAL PLAN, ADOPTED AUGUST 10, 2009, EXCLUDING
THEREFROM ALL PROPERTIES IN THE PLAN AREA ALONG THE KIPLING
STREET CORRIDOR SOUTH OF 44TH AVENUE AND ALL PROPERTIES IN
THE PLAN AREA EAST OF INTERSTATE 70, NORTH OF 32NO AVENUE,
WEST OF WARD ROAD AND SOUTH OF THE WEST 44TH AVENUE/WARD
ROAD REDEVELOPMENT PLAN AREA, WITHOUT MODIFYING ANY
CURRENT ZONING ON ANY PROPERTY AND PRESERVING EXISTING
HEIGHT AND DENSITY LIMITATIONS IN THE WHEAT RIDGE CODE OF
LAWS UNLESS AND UNTIL MODIFIED THROUGH FUTURE ORDINANCES
APPROVED BY CITY COUNCIL AFTER PUBLIC HEARINGS?
Yes: No: --------
Full Text of Amendment:
Amend Section 5.10.1 of the Charter to add a new subsection f to
read as follows:
Sec. 5.1 0.1 Building height and density limitations.
g. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION 5.10.1,
THE LIMITATIONS UPON BUILDING HEIGHT AND RESIDENTIAL DENSITY
CONTAINED HEREIN SHALL NOT APPLY WITHIN THE FOLLOWING AREAS
OF THE CITY: (1) THAT AREA DESCRIBED IN THE WEST 44TH
AVENUE/WARD ROAD REDEVELOPMENT PLAN, ADOPTED OCTOBER 22,
2001, AND (2) THAT AREA DESCRIBED IN THE 1-70/KIPLING CORRIDORS
URBAN RENEWAL PLAN, ADOPTED AUGUST 10, 2009, EXCLUDING
THEREFROM ALL PROPERTIES IN THE PLAN AREA ALONG THE KIPLING
STREET CORRIDOR SOUTH OF 44TH AVENUE AND ALL PROPERTIES IN
THE PLAN AREA EAST OF INTERSTATE 70, NORTH OF 32N° AVENUE,
WEST OF WARD ROAD AND SOUTH OF THE WEST 44TH AVENUE/WARD
ROAD REDEVELOPMENT PLAN AREA, WITHOUT MODIFYING ANY
CURRENT ZONING ON ANY PROPERTY AND PRESERVING EXISTING
HEIGHT AND DENSITY LIMITATIONS IN THE WHEAT RIDGE CODE OF
LAWS UNLESS AND UNTIL MODIFIED THROUGH FUTURE ORDINANCES
APPROVED BY CITY COUNCIL AFTER PUBLIC HEARINGS .
Ballot Title:
AMEND SECTION 5.10.1 OF THE WHEAT RIDGE HOME RULE CHARTER TO
EXEMPT CERTAIN AREAS OF THE CITY FROM THE LIMITATIONS UPON
BUILDING HEIGHT AND RESIDENTIAL DENSITY CONTAINED IN CHARTER
SECTION 5.10 .1, WITHOUT MODIFYING ANY CURRENT ZONING ON ANY
PROPERTY AND PRESERVING EXISTING HEIGHT AND DENSITY
LIMITATIONS IN THE WHEAT RIDGE CODE OF LAWS UNLESS AND UNTIL
MODIFIED THROUGH FUTURE ORDINANCES APPROVED BY CITY
COUNCIL AFTER PUBLIC HEARINGS.
Section 2. Ballot question referred and ballot title set
The following ballot question is hereby referred to the electorate of the City
at the November 3, 2009 regular municipal election:
SHALL SECTION 5.10.1 OF THE HOME RULE CHARTER OF THE CITY OF
WHEAT RIDGE, COLORADO, BE AMENDED BY THE ADDITION OF A NEW
SUBSECTION F, EXEMPTING THE FOLLOWING AREAS OF THE CITY FROM
THE LIMITATIONS OF THAT SECTION UPON BUILDING HEIGHT AND
RESIDENTIAL DENSITY: (1) THAT AREA DESCRIBED IN THE WHEAT RIDGE
TOWN CENTER PROJECT URBAN RENEWAL PLAN, ADOPTED DECEMBER 14, ·
1981 AND AMENDED BY RESOLUTION 13-2001 ON APRIL 23, 2001,
2
SPECIFICALLY AS DIAGRAMED IN EXHIBITS 1 AND 2 AND DESCRIBED IN
EXHIBIT 3 OF SAID RESOLUTION, AND (2) THAT AREA DESCRIBED IN THE
WADSWORTH BOULEVARD CORRIDOR REDEVELOPMENT PLAN, ADOPTED
OCTOBER 22, 2001, WITHOUT MODIFYING ANY CURRENT ZONING ON ANY
PROPERTY AND PRESERVING EXISTING HEIGHT AND DENSITY LIMITATIONS
IN THE ·WHEAT RIDGE CODE OF lAWS UNLESS AND UNTIL MODIFIED
THROUGH FUTURE ORDINANCES APPROVED BY CITY COUNCIL AFTER
PUBLIC HEARINGS?
Yes: No: --------
Full Text of Amendment:
Amend Section 5.1 0.1 of the Charter to add a new subsection f to
read as follows:
Sec. 5.10.1 Building height and density limitations.
f. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION 5.10.1,
THE LIMITATIONS UPON BUILDING HEIGHT AND RESIDENTIAL DENSITY
CONTAINED HEREIN SHALL NOT APPLY WITHIN THE FOLLOWING AREAS
OF THE CITY: (1) THAT AREA DESCRIBED IN THE WHEAT RIDGE TOWN
CENTER PROJECT URBAN RENEWAL PLAN, ADOPTED DECEMBER 14,
1981 AND AMENDED BY RESOLUTION 13-2001 ON APRIL 23, 2001,
SPECIFICALLY AS DIAGRAMED IN EXHIBITS 1 AND 2 AND DESCRIBED IN
EXHIBIT 3 OF SAID RESOLUTION, AND (2) THAT AREA DESCRIBED IN THE
WADSWORTH BOULEVARD CORRIDOR REDEVELOPMENT PLAN,
ADOPTED OCTOBER 22, 2001, WITHOUT MODIFYING ANY CURRENT
ZONING ON ANY PROPERTY AND PRESERVING EXISTING HEIGHT AND
DENSITY LIMITATIONS IN THE WHEAT RIDGE CODE OF LAWS UNLESS
AND UNTIL MODIFIED THROUGH FUTURE ORDINANCES APPROVED BY
CITY COUNCIL AFTER PUBLIC HEARINGS.
Ballot Title:
AMEND SECTION 5.10.1 OF THE WHEAT RIDGE HOME RULE CHARTER TO
EXEMPT CERTAIN AREAS OF THE CITY FROM THE LIMITATIONS UPON
BUILDING HEIGHT AND RESIDENTIAL DENSITY CONTAINED IN CHARTER
SECTION 5.10.1, WITHOUT MODIFYING ANY CURRENT ZONING ON ANY
PROPERTY AND PRESERVING EXISTING HEIGHT AND DENSITY
LIMITATIONS IN THE WHEAT RIDGE CODE OF LAWS UNLESS AND UNTIL
MODIFIED THROUGH FUTURE ORDINANCES APPROVED BY CITY
COUNCIL AFTER PUBLIC HEARINGS.
Section 3.Challenges to ballot titles and content. For purposes of C.R.S. § 1-
11-203.5 and § 31-1 0-1308(2), this Ordinance shall serve to set the titles and content of
the ballot issues set forth herein. Any petition to contest the form or content of the ballot
titles must be filed with the Jefferson County District Court and a copy served on the
3
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City Clerk within five days after the titles of the ballot issue are set by the City Council
upon final adoption of this Ordinance on second reading.
Section 4. Safety Clause. The City Council hereby finds, determines, and
declares that this Ordinance is promulgated under the general police power of the City
of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public
and that this Ordinance is necessary for the preservation of health and safety and for
the protection of public convenience and welfare. The City Council further determines
that the Ordinance bears a rational relation to the proper legislative object sought to be
attained.
Section 5. Effective Date. This Ordinance shall take effect immediately upon
adoption at second reading, as permitted by the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on
this 1Oth day of August, 2009, ordered published in full in a newspaper of general
circulation in the City of Wheat Ridge and Public Hearing and consideration on final
passage set for August 24, 2009, at 7:00 o'clock p.m., in the Council Chambers, 7500
West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of 8 to o , this 24th day of August, 2009.
SIGNED by the Mayor on this 25th
ATIEST:
~
Michael Snow, City Clerk
First Publication: August 13, 2009
Second Publication: August 27, 2009
Wheat Ridge Transcript
Effective Date: August 24, 2009
4
Gerald E. Dahl, City Attorney ·
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